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H. B. No. 425 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Maag, Johnson
Cosponsors:
Representatives Adams, J., Uecker, Brenner, Hayes, Beck, Buchy, Boose, Goodwin, Martin, Blair, Derickson, Stautberg, Sears
A BILL
To amend sections 105.41, 152.08, 2923.126, and
2923.16 of the Revised Code with respect to
authority for concealed carry licensees to possess
or store a handgun in a motor vehicle in the State
Underground Parking Garage or in any parking
garage or lot that is owned and operated by the
Ohio Building Authority or is all or part of a
state government facility.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 105.41, 152.08, 2923.126, and
2923.16 of the Revised Code be amended to read as follows:
Sec. 105.41. (A) There is hereby created in the legislative
branch of government the capitol square review and advisory board,
consisting of thirteen members as follows:
(1) Two members of the senate, appointed by the president of
the senate, both of whom shall not be members of the same
political party;
(2) Two members of the house of representatives, appointed by
the speaker of the house of representatives, both of whom shall
not be members of the same political party;
(3) Five members appointed by the governor, with the advice
and consent of the senate, not more than three of whom shall be
members of the same political party, one of whom shall be the
chief of staff of the governor's office, one of whom shall
represent the Ohio arts council, one of whom shall represent the
Ohio historical society, one of whom shall represent the Ohio
building authority, and one of whom shall represent the public at
large;
(4) One member, who shall be a former president of the
senate, appointed by the current president of the senate. If the
current president of the senate, in the current president's
discretion, decides for any reason not to make the appointment or
if no person is eligible or available to serve, the seat shall
remain vacant.
(5) One member, who shall be a former speaker of the house of
representatives, appointed by the current speaker of the house of
representatives. If the current speaker of the house of
representatives, in the current speaker's discretion, decides for
any reason not to make the appointment or if no person is eligible
or available to serve, the seat shall remain vacant.
(6) The clerk of the senate and the clerk of the house of
representatives.
(B) Terms of office of each appointed member of the board
shall be for three years, except that members of the general
assembly appointed to the board shall be members of the board only
so long as they are members of the general assembly and the chief
of staff of the governor's office shall be a member of the board
only so long as the appointing governor remains in office. Each
member shall hold office from the date of the member's appointment
until the end of the term for which the member was appointed. In
case of a vacancy occurring on the board, the president of the
senate, the speaker of the house of representatives, or the
governor, as the case may be, shall in the same manner prescribed
for the regular appointment to the commission, fill the vacancy by
appointing a member. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the term. Any appointed member shall continue in
office subsequent to the expiration date of the member's term
until the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first.
(C) The board shall hold meetings in a manner and at times
prescribed by the rules adopted by the board. A majority of the
board constitutes a quorum, and no action shall be taken by the
board unless approved by at least six members or by at least seven
members if a person is appointed under division (A)(4) or (5) of
this section. At its first meeting, the board shall adopt rules
for the conduct of its business and the election of its officers,
and shall organize by selecting a chairperson and other officers
as it considers necessary. Board members shall serve without
compensation but shall be reimbursed for actual and necessary
expenses incurred in the performance of their duties.
(D) The board may do any of the following:
(1) Employ or hire on a consulting basis professional,
technical, and clerical employees as are necessary for the
performance of its duties. All employees of the board are in the
unclassified service and serve at the pleasure of the board. For
purposes of section 4117.01 of the Revised Code, employees of the
board shall be considered employees of the general assembly,
except that employees who are covered by a collective bargaining
agreement on the effective date of this amendment September 29,
2011, shall remain subject to the agreement until the agreement
expires on its terms, and the agreement shall not be extended or
renewed. Upon expiration of the agreement, the employees are
considered employees of the general assembly for purposes of
section 4117.01 of the Revised Code and are in the unclassified
service and serve at the pleasure of the board.
(2) Hold public hearings at times and places as determined by
the board;
(3) Adopt Subject to division (N) of this section, adopt,
amend, or rescind rules necessary to accomplish the duties of the
board as set forth in this section;
(4) Sponsor, conduct, and support such social events as the
board may authorize and consider appropriate for the employees of
the board, employees and members of the general assembly,
employees of persons under contract with the board or otherwise
engaged to perform services on the premises of capitol square, or
other persons as the board may consider appropriate. Subject to
the requirements of Chapter 4303. of the Revised Code, the board
may provide beer, wine, and intoxicating liquor, with or without
charge, for those events and may use funds only from the sale of
goods and services fund to purchase the beer, wine, and
intoxicating liquor the board provides;
(5) Purchase a warehouse in which to store items of the
capitol collection trust and, whenever necessary, equipment or
other property of the board.
(E) The board shall do all of the following:
(1) Have sole authority to coordinate and approve any
improvements, additions, and renovations that are made to the
capitol square. The improvements shall include, but not be limited
to, the placement of monuments and sculpture on the capitol
grounds.
(2) Subject to section 3353.07 of the Revised Code, operate
the capitol square, and have sole authority to regulate all uses
of the capitol square. The uses shall include, but not be limited
to, the casual and recreational use of the capitol square.
(3) Employ, fix the compensation of, and prescribe the duties
of the executive director of the board and other employees the
board considers necessary for the performance of its powers and
duties;
(4) Establish and maintain the capitol collection trust. The
capitol collection trust shall consist of furniture, antiques, and
other items of personal property that the board shall store in
suitable facilities until they are ready to be displayed in the
capitol square.
(5) Perform repair, construction, contracting, purchasing,
maintenance, supervisory, and operating activities the board
determines are necessary for the operation and maintenance of the
capitol square;
(6) Maintain and preserve the capitol square, in accordance
with guidelines issued by the United States secretary of the
interior for application of the secretary's standards for
rehabilitation adopted in 36 C.F.R. part 67;
(7) Plan and develop a center at the capitol building for the
purpose of educating visitors about the history of Ohio, including
its political, economic, and social development and the design and
erection of the capitol building and its grounds.
(F)(1) The board shall lease capital facilities improved or
financed by the Ohio building authority pursuant to Chapter 152.
of the Revised Code for the use of the board, and may enter into
any other agreements with the authority ancillary to improvement,
financing, or leasing of those capital facilities, including, but
not limited to, any agreement required by the applicable bond
proceedings authorized by Chapter 152. of the Revised Code. Any
lease of capital facilities authorized by this section shall be
governed by division (D) of section 152.24 of the Revised Code.
(2) Fees, receipts, and revenues received by the board from
the state underground parking garage constitute available receipts
as defined in section 152.09 of the Revised Code, and may be
pledged to the payment of bond service charges on obligations
issued by the Ohio building authority pursuant to Chapter 152. of
the Revised Code to improve, finance, or purchase capital
facilities useful to the board. The authority may, with the
consent of the board, provide in the bond proceedings for a pledge
of all or a portion of those fees, receipts, and revenues as the
authority determines. The authority may provide in the bond
proceedings or by separate agreement with the board for the
transfer of those fees, receipts, and revenues to the appropriate
bond service fund or bond service reserve fund as required to pay
the bond service charges when due, and any such provision for the
transfer of those fees, receipts, and revenues shall be
controlling notwithstanding any other provision of law pertaining
to those fees, receipts, and revenues.
(3) All moneys received by the treasurer of state on account
of the board and required by the applicable bond proceedings or by
separate agreement with the board to be deposited, transferred, or
credited to the bond service fund or bond service reserve fund
established by the bond proceedings shall be transferred by the
treasurer of state to such fund, whether or not it is in the
custody of the treasurer of state, without necessity for further
appropriation, upon receipt of notice from the Ohio building
authority as prescribed in the bond proceedings.
(G) All fees, receipts, and revenues received by the board
from the state underground parking garage shall be deposited into
the state treasury to the credit of the underground parking garage
operating fund, which is hereby created, to be used for the
purposes specified in division (F) of this section and for the
operation and maintenance of the garage. All investment earnings
of the fund shall be credited to the fund.
(H) All donations received by the board shall be deposited
into the state treasury to the credit of the capitol square
renovation gift fund, which is hereby created. The fund shall be
used by the board as follows:
(1) To provide part or all of the funding related to
construction, goods, or services for the renovation of the capitol
square;
(2) To purchase art, antiques, and artifacts for display at
the capitol square;
(3) To award contracts or make grants to organizations for
educating the public regarding the historical background and
governmental functions of the capitol square. Chapters 125., 127.,
and 153. and section 3517.13 of the Revised Code do not apply to
purchases made exclusively from the fund, notwithstanding anything
to the contrary in those chapters or that section. All investment
earnings of the fund shall be credited to the fund.
(I) Except as provided in divisions (G), (H), and (J) of this
section, all fees, receipts, and revenues received by the board
shall be deposited into the state treasury to the credit of the
sale of goods and services fund, which is hereby created. Money
credited to the fund shall be used solely to pay costs of the
board other than those specified in divisions (F) and (G) of this
section. All investment earnings of the fund shall be credited to
the fund.
(J) There is hereby created in the state treasury the capitol
square improvement fund, to be used by the board to pay
construction, renovation, and other costs related to the capitol
square for which money is not otherwise available to the board.
Whenever the board determines that there is a need to incur those
costs and that the unencumbered, unobligated balance to the credit
of the underground parking garage operating fund exceeds the
amount needed for the purposes specified in division (F) of this
section and for the operation and maintenance of the garage, the
board may request the director of budget and management to
transfer from the underground parking garage operating fund to the
capitol square improvement fund the amount needed to pay such
construction, renovation, or other costs. The director then shall
transfer the amount needed from the excess balance of the
underground parking garage operating fund.
(K) As the operation and maintenance of the capitol square
constitute essential government functions of a public purpose, the
board shall not be required to pay taxes or assessments upon the
square, upon any property acquired or used by the board under this
section, or upon any income generated by the operation of the
square.
(L) As used in this section, "capitol square" means the
capitol building, senate building, capitol atrium, capitol
grounds, the state underground parking garage, and the warehouse
owned by the board.
(M) The capitol annex shall be known as the senate building.
(N)(1) "Concealed carry licensee" means a person who has been
issued a license or temporary emergency license to carry a
concealed handgun under section 2923.125 or 2923.1213 of the
Revised Code or who has been issued a license to carry a concealed
handgun by another state with which the attorney general has
entered into a reciprocity agreement under section 109.69 of the
Revised Code.
(2) The board shall not prohibit, restrict, or adopt any rule
or policy that prohibits or restricts a concealed carry licensee
from doing any of the following:
(a) Possessing a handgun in a motor vehicle in the state
underground parking garage, if the licensee is carrying the
licensee's valid license to carry a concealed handgun at the time
in question and the licensee's possession of the handgun in the
motor vehicle is not in violation of section 2923.16 of the
Revised Code or any other provision of the Revised Code;
(b) Storing or leaving a handgun in a locked motor vehicle
that is parked in the state underground parking garage, if the
licensee is carrying the licensee's valid license to carry a
concealed handgun at the time in question and the licensee's
transportation and possession of the handgun in the motor vehicle
while traveling to the garage was not in violation of section
2923.16 of the Revised Code or any other provision of the Revised
Code.
(3) No rule or policy adopted by the board prior to the date
of this amendment that prohibits or restricts a person from
possessing a handgun in a motor vehicle in the state underground
parking garage or from storing or leaving a handgun in a locked
motor vehicle that is parked in that garage, in any circumstance
described in division (N)(2)(a) or (b) of this section, shall be
enforced against any concealed carry licensee on and after the
effective date of this amendment.
Sec. 152.08. (A) The Ohio building authority may:
(1) Acquire, by gift, grant, or purchase, and hold and
mortgage, real estate and interests therein and personal property
suitable for its purposes, provided that no land used by the
authority pursuant to section 152.05 of the Revised Code shall be
mortgaged by the authority;
(2) Purchase, construct, reconstruct, equip, furnish,
improve, alter, enlarge, maintain, repair, and operate buildings,
facilities, and other properties for the purposes set forth in
section 152.04 of the Revised Code. The authority shall construct,
operate, and maintain its buildings, facilities, and other
properties in a healthy, safe, and sanitary manner.
(3) Issue revenue bonds to secure funds to accomplish its
purposes, the principal of and interest on and all other payments
required to be made by the trust agreement or indenture securing
such bonds to be paid solely from revenues accruing to the
authority through the operation of its buildings, facilities, and
other properties;
(4) Enter into contracts and execute all instruments
necessary in the conduct of its business;
(5) Fix, alter, and charge rentals and other charges for the
use and occupancy of its buildings, facilities, and other
properties and enter into leases with the persons specified in
section 152.04 of the Revised Code;
(6) Employ financial consultants, appraisers, consulting
engineers, architects, superintendents, managers, construction and
accounting experts, attorneys-at-law, and other employees and
agents as are necessary, in its judgment, and fix their
compensation;
(7) Provide for the persons occupying its buildings,
facilities, and other properties, health clinics, medical
services, food services, and such other services as such persons
cannot provide for themselves; and, if the authority determines
that it is more advantageous, it may enter into contracts with
persons, firms, or corporations or with any governmental agency,
board, commission, or department to provide any of such clinics or
services;
(8) Pledge, hypothecate, or otherwise encumber such of its
rentals or other charges as may be agreed as security for its
obligations, and enter into trust agreements or indentures for the
benefit of its bondholders;
(9) Borrow money or accept advances, loans, gifts, grants,
devises, or bequests from, and enter into contracts or agreements
with, any federal agency or other governmental or private source,
and hold and apply advances, loans, gifts, grants, devises, or
bequests according to the terms thereof. Such advances, loans,
gifts, grants, or devises of real estate may be in fee simple or
of any lesser estate and may be subject to any reasonable
reservations. Any advances or loans received from any federal or
other governmental or private source may be repaid in accordance
with the terms of such advance or loan.
(10) Conduct investigations into housing and living
conditions in order to be able to purchase, construct, or
reconstruct suitable buildings and facilities to fulfill its
purpose, and determine the best locations within the state for its
buildings, facilities, and other properties;
(11) Enter into lawful arrangements with the appropriate
federal or state department or agency, county, township, municipal
government, or other political subdivision, or public agency for
the planning and installation of streets, roads, alleys, public
parks and recreation areas, public utility facilities, and other
necessary appurtenances to its projects;
(12) Purchase fire, extended coverage, and liability
insurance for its property, and insurance covering the authority
and its officers and employees for liability for damage or injury
to persons or property;
(13) Sell, lease, release, or otherwise dispose of property
owned by the authority and not needed for the purposes of the
authority and grant such easements across the property of the
authority as will not interfere with its use of its property;
(14) Establish Subject to division (C) of this section,
establish rules and regulations for the use and operation of its
buildings, facilities, and other properties;
(15) Do all other acts necessary to the fulfillment of its
purposes.
(B) Any instrument by which real property is acquired
pursuant to this section shall identify the agency of the state
that has the use and benefit of the real property as specified in
section 5301.012 of the Revised Code.
(C)(1) "Concealed carry licensee" means a person who has been
issued a license or temporary emergency license to carry a
concealed handgun under section 2923.125 or 2923.1213 of the
Revised Code or who has been issued a license to carry a concealed
handgun by another state with which the attorney general has
entered into a reciprocity agreement under section 109.69 of the
Revised Code.
(2) The Ohio building authority shall not prohibit, restrict,
or adopt any rule or policy that prohibits or restricts a
concealed carry licensee from doing any of the following:
(a) Possessing a handgun in a motor vehicle in any parking
garage or parking lot of any facility that the authority owns and
operates, if the licensee is carrying the licensee's valid license
to carry a concealed handgun at the time in question and the
licensee's possession of the handgun in the motor vehicle is not
in violation of section 2923.16 of the Revised Code or any other
provision of the Revised Code;
(b) Storing or leaving a handgun in a locked motor vehicle
that is parked in any parking garage or parking lot of any
facility that the authority owns and operates, if the licensee is
carrying the licensee's valid license to carry a concealed handgun
at the time in question and the licensee's transportation and
possession of the firearm in the motor vehicle while traveling to
the garage was not in violation of section 2923.16 of the Revised
Code or any other provision of the Revised Code.
(3) No rule or policy adopted by the Ohio building authority
prior to the date of this amendment that prohibits or restricts a
person from possessing a handgun in a motor vehicle in any parking
garage or parking lot of any facility that the authority owns and
operates or from storing or leaving a handgun in a locked motor
vehicle that is parked in any such garage or lot, in any
circumstance described in division (C)(2)(a) or (b) of this
section, shall be enforced against any concealed carry licensee on
and after the effective date of this amendment.
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 unless one of
the following applies:
(a) The building is not a building that is used primarily as
a shelter, restroom, parking facility for motor vehicles, or rest
facility and.
(b) The building 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;.
(c) The building is a government facility of this state or a
political subdivision of this state that is used primarily as a
parking facility for motor vehicles.
(d) The building consists of or includes the state
underground parking garage operated by the capitol square review
and advisory board or the building is a government facility of
this state all or part of which is used as a parking facility for
motor vehicles, and for the portion of the building that is the
state underground parking garage or that is used as a parking
facility, one of the following applies:
(i) The licensee is in possession of the handgun in the
portion of the building that is the state underground parking
garage or that is used as a parking facility.
(ii) The handgun is in a locked motor vehicle that is parked
in the portion of the building that is the state underground
parking garage or that is used as a parking facility or the
licensee is in the immediate process of placing the handgun in a
locked motor vehicle that is parked in the portion of the building
that is the state underground parking garage or that is used as a
parking facility.
(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 (C)(3)(b) of this
section, the owner or person in control of private land or
premises, and a private person or entity leasing land or premises
owned by the state, the United States, or a political subdivision
of the state or the United States, may post a sign in a
conspicuous location on that land or on those premises prohibiting
persons from carrying firearms or concealed firearms on or onto
that land or those premises. Except as otherwise provided in this
division, a person who knowingly violates a posted prohibition of
that nature is guilty of criminal trespass in violation of
division (A)(4) of section 2911.21 of the Revised Code and is
guilty of a misdemeanor of the fourth degree. If a person
knowingly violates a posted prohibition of that nature and the
posted land or premises primarily was a parking lot or other
parking facility, the person is not guilty of criminal trespass in
violation of division (A)(4) of section 2911.21 of the Revised
Code and instead is subject only to a civil cause of action for
trespass based on the violation.
(b) A landlord may not prohibit or restrict a tenant who is a
licensee and who on or after the effective date of this amendment
September 9, 2008, enters into a rental agreement with the
landlord for the use of residential premises, and the tenant's
guest while the tenant is present, from lawfully carrying or
possessing a handgun on those residential premises.
(c) As used in division (C)(3) of this section:
(i) "Residential premises" has the same meaning as in section
5321.01 of the Revised Code, except "residential premises" does
not include a dwelling unit that is owned or operated by a college
or university.
(ii) "Landlord," "tenant," and "rental agreement" have the
same meanings as in section 5321.01 of the Revised Code.
(D) A person who holds a license to carry a concealed handgun
that was issued pursuant to the law of another state that is
recognized by the attorney general pursuant to a reciprocity
agreement entered into pursuant to section 109.69 of the Revised
Code has the same right to carry a concealed handgun in this state
as a person who was issued a license to carry a concealed handgun
under section 2923.125 of the Revised Code and is subject to the
same restrictions that apply to a person who carries a license
issued under that section.
(E) A peace officer has the same right to carry a concealed
handgun in this state as a person who was issued a license to
carry a concealed handgun under section 2923.125 of the Revised
Code. For purposes of reciprocity with other states, a peace
officer shall be considered to be a licensee in this state.
(F)(1) A qualified retired peace officer who possesses a
retired peace officer identification card issued pursuant to
division (F)(2) of this section and a valid firearms
requalification certification issued pursuant to division (F)(3)
of this section has the same right to carry a concealed handgun in
this state as a person who was issued a license to carry a
concealed handgun under section 2923.125 of the Revised Code and
is subject to the same restrictions that apply to a person who
carries a license issued under that section. For purposes of
reciprocity with other states, a qualified retired peace officer
who possesses a retired peace officer identification card issued
pursuant to division (F)(2) of this section and a valid firearms
requalification certification issued pursuant to division (F)(3)
of this section shall be considered to be a licensee in this
state.
(2)(a) Each public agency of this state or of a political
subdivision of this state that is served by one or more peace
officers shall issue a retired peace officer identification card
to any person who retired from service as a peace officer with
that agency, if the issuance is in accordance with the agency's
policies and procedures and if the person, with respect to the
person's service with that agency, satisfies all of the following:
(i) The person retired in good standing from service as a
peace officer with the public agency, and the retirement was not
for reasons of mental instability.
(ii) Before retiring from service as a peace officer with
that agency, the person was authorized to engage in or supervise
the prevention, detection, investigation, or prosecution of, or
the incarceration of any person for, any violation of law and the
person had statutory powers of arrest.
(iii) At the time of the person's retirement as a peace
officer with that agency, the person was trained and qualified to
carry firearms in the performance of the peace officer's duties.
(iv) Before retiring from service as a peace officer with
that agency, the person was regularly employed as a peace officer
for an aggregate of fifteen years or more, or, in the alternative,
the person retired from service as a peace officer with that
agency, after completing any applicable probationary period of
that service, due to a service-connected disability, as determined
by the agency.
(b) A retired peace officer identification card issued to a
person under division (F)(2)(a) of this section shall identify the
person by name, contain a photograph of the person, identify the
public agency of this state or of the political subdivision of
this state from which the person retired as a peace officer and
that is issuing the identification card, and specify that the
person retired in good standing from service as a peace officer
with the issuing public agency and satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section. In
addition to the required content specified in this division, a
retired peace officer identification card issued to a person under
division (F)(2)(a) of this section may include the firearms
requalification certification described in division (F)(3) of this
section, and if the identification card includes that
certification, the identification card shall serve as the firearms
requalification certification for the retired peace officer. If
the issuing public agency issues credentials to active law
enforcement officers who serve the agency, the agency may comply
with division (F)(2)(a) of this section by issuing the same
credentials to persons who retired from service as a peace officer
with the agency and who satisfy the criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this section, provided that the
credentials so issued to retired peace officers are stamped with
the word "RETIRED."
(c) A public agency of this state or of a political
subdivision of this state may charge persons who retired from
service as a peace officer with the agency a reasonable fee for
issuing to the person a retired peace officer identification card
pursuant to division (F)(2)(a) of this section.
(3) If a person retired from service as a peace officer with
a public agency of this state or of a political subdivision of
this state and the person satisfies the criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this section, the public agency
may provide the retired peace officer with the opportunity to
attend a firearms requalification program that is approved for
purposes of firearms requalification required under section
109.801 of the Revised Code. The retired peace officer may be
required to pay the cost of the course.
If a retired peace officer who satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a
firearms requalification program that is approved for purposes of
firearms requalification required under section 109.801 of the
Revised Code, the retired peace officer's successful completion of
the firearms requalification program requalifies the retired peace
officer for purposes of division (F) of this section for five
years from the date on which the program was successfully
completed, and the requalification is valid during that five-year
period. If a retired peace officer who satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section
satisfactorily completes such a firearms requalification program,
the retired peace officer shall be issued a firearms
requalification certification that identifies the retired peace
officer by name, identifies the entity that taught the program,
specifies that the retired peace officer successfully completed
the program, specifies the date on which the course was
successfully completed, and specifies that the requalification is
valid for five years from that date of successful completion. The
firearms requalification certification for a retired peace officer
may be included in the retired peace officer identification card
issued to the retired peace officer under division (F)(2) of this
section.
A retired peace officer who attends a firearms
requalification program that is approved for purposes of firearms
requalification required under section 109.801 of the Revised Code
may be required to pay the cost of the program.
(G) As used in this section:
(1) "Qualified retired peace officer" means a person who
satisfies all of the following:
(a) The person satisfies the criteria set forth in divisions
(F)(2)(a)(i) to (v) of this section.
(b) The person is not under the influence of alcohol or
another intoxicating or hallucinatory drug or substance.
(c) The person is not prohibited by federal law from
receiving firearms.
(2) "Retired peace officer identification card" means an
identification card that is issued pursuant to division (F)(2) of
this section to a person who is a retired peace officer.
(3) "Government facility of this state or a political
subdivision of this state" means any of the following:
(a) A building or part of a building that is owned or leased
by the government of this state or a political subdivision of this
state and where employees of the government of this state or the
political subdivision regularly are present for the purpose of
performing their official duties as employees of the state or
political subdivision;
(b) The office of a deputy registrar serving pursuant to
Chapter 4503. of the Revised Code that is used to perform deputy
registrar functions.
Sec. 2923.16. (A) No person shall knowingly discharge a
firearm while in or on a motor vehicle.
(B) No person shall knowingly transport or have a loaded
firearm in a motor vehicle in such a manner that the firearm is
accessible to the operator or any passenger without leaving the
vehicle.
(C) No person shall knowingly transport or have a firearm in
a motor vehicle, unless the person may lawfully possess that
firearm under applicable law of this state or the United States,
the firearm is unloaded, and the firearm is carried in one of the
following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the
vehicle;
(3) In plain sight and secured in a rack or holder made for
the purpose;
(4) If the firearm is at least twenty-four inches in overall
length as measured from the muzzle to the part of the stock
furthest from the muzzle and if the barrel is at least eighteen
inches in length, either in plain sight with the action open or
the weapon stripped, or, if the firearm is of a type on which the
action will not stay open or which cannot easily be stripped, in
plain sight.
(D) No person shall knowingly transport or have a loaded
handgun in a motor vehicle if, at the time of that transportation
or possession, any of the following applies:
(1) The person is under the influence of alcohol, a drug of
abuse, or a combination of them.
(2) The person's whole blood, blood serum or plasma, breath,
or urine contains a concentration of alcohol, a listed controlled
substance, or a listed metabolite of a controlled substance
prohibited for persons operating a vehicle, as specified in
division (A) of section 4511.19 of the Revised Code, regardless of
whether the person at the time of the transportation or possession
as described in this division is the operator of or a passenger in
the motor vehicle.
(E) No person who has been issued a license or temporary
emergency license to carry a concealed handgun under section
2923.125 or 2923.1213 of the Revised Code or a license to carry a
concealed handgun that was issued 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, who is the
driver or an occupant of a motor vehicle that is stopped as a
result of a traffic stop or a stop for another law enforcement
purpose or is the driver or an occupant of a commercial motor
vehicle that is stopped by an employee of the motor carrier
enforcement unit for the purposes defined in section 5503.34 of
the Revised Code, and who is transporting or has a loaded handgun
in the motor vehicle or commercial motor vehicle in any manner,
shall do any of the following:
(1) Fail to promptly inform any law enforcement officer who
approaches the vehicle while stopped that the person has been
issued a license or temporary emergency license to carry a
concealed handgun and that the person then possesses or has a
loaded handgun in the motor vehicle;
(2) Fail to promptly inform the employee of the unit who
approaches the vehicle while stopped that the person has been
issued a license or temporary emergency license to carry a
concealed handgun and that the person then possesses or has a
loaded handgun in the commercial motor vehicle;
(3) Knowingly fail to remain in the motor vehicle while
stopped or knowingly fail to keep the person's hands in plain
sight at any time after any law enforcement officer begins
approaching the person while stopped and before the law
enforcement officer leaves, unless the failure is pursuant to and
in accordance with directions given by a law enforcement officer;
(4) Knowingly have contact with the loaded handgun by
touching it with the person's hands or fingers in the motor
vehicle at any time after the law enforcement officer begins
approaching and before the law enforcement officer leaves, unless
the person removes, attempts to remove, grasps, holds, or has
contact with the loaded handgun pursuant to and in accordance with
directions given by the law enforcement officer;
(5) Knowingly disregard or fail to comply with any lawful
order of any law enforcement officer given while the motor vehicle
is stopped, including, but not limited to, a specific order to the
person to keep the person's hands in plain sight.
(F)(1) Divisions (A), (B), (C), and (E) of this section do
not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or a law enforcement officer, when
authorized to carry or have loaded or accessible firearms in motor
vehicles and acting within the scope of the officer's, agent's, or
employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry or have loaded or accessible firearms in motor
vehicles, and who is subject to and in compliance with the
requirements of section 109.801 of the Revised Code, unless the
appointing authority of the person has expressly specified that
the exemption provided in division (F)(1)(b) of this section does
not apply to the person.
(2) Division (A) of this section does not apply to a person
if all of the following circumstances apply:
(a) The person discharges a firearm from a motor vehicle at a
coyote or groundhog, the discharge is not during the deer gun
hunting season as set by the chief of the division of wildlife of
the department of natural resources, and the discharge at the
coyote or groundhog, but for the operation of this section, is
lawful.
(b) The motor vehicle from which the person discharges the
firearm is on real property that is located in an unincorporated
area of a township and that either is zoned for agriculture or is
used for agriculture.
(c) The person owns the real property described in division
(F)(2)(b) of this section, is the spouse or a child of another
person who owns that real property, is a tenant of another person
who owns that real property, or is the spouse or a child of a
tenant of another person who owns that real property.
(d) The person does not discharge the firearm in any of the
following manners:
(i) While under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse;
(ii) In the direction of a street, highway, or other public
or private property used by the public for vehicular traffic or
parking;
(iii) At or into an occupied structure that is a permanent or
temporary habitation;
(iv) In the commission of any violation of law, including,
but not limited to, a felony that includes, as an essential
element, purposely or knowingly causing or attempting to cause the
death of or physical harm to another and that was committed by
discharging a firearm from a motor vehicle.
(3) Division (A) of this section does not apply to a person
if all of the following apply:
(a) The person possesses a valid electric-powered all-purpose
vehicle permit issued under section 1533.103 of the Revised Code
by the chief of the division of wildlife.
(b) The person discharges a firearm at a wild quadruped or
game bird as defined in section 1531.01 of the Revised Code during
the open hunting season for the applicable wild quadruped or game
bird.
(c) The person discharges a firearm from a stationary
electric-powered all-purpose vehicle as defined in section 1531.01
of the Revised Code or a motor vehicle that is parked on a road
that is owned or administered by the division of wildlife,
provided that the road is identified by an electric-powered
all-purpose vehicle sign.
(d) The person does not discharge the firearm in any of the
following manners:
(i) While under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse;
(ii) In the direction of a street, a highway, or other public
or private property that is used by the public for vehicular
traffic or parking;
(iii) At or into an occupied structure that is a permanent or
temporary habitation;
(iv) In the commission of any violation of law, including,
but not limited to, a felony that includes, as an essential
element, purposely or knowingly causing or attempting to cause the
death of or physical harm to another and that was committed by
discharging a firearm from a motor vehicle.
(4) Divisions (B) and (C) of this section do not apply to a
person if all of the following circumstances apply:
(a) At the time of the alleged violation of either of those
divisions, the person is the operator of or a passenger in a motor
vehicle.
(b) The motor vehicle is on real property that is located in
an unincorporated area of a township and that either is zoned for
agriculture or is used for agriculture.
(c) The person owns the real property described in division
(D)(4)(b) of this section, is the spouse or a child of another
person who owns that real property, is a tenant of another person
who owns that real property, or is the spouse or a child of a
tenant of another person who owns that real property.
(d) The person, prior to arriving at the real property
described in division (D)(4)(b) of this section, did not transport
or possess a firearm in the motor vehicle in a manner prohibited
by division (B) or (C) of this section while the motor vehicle was
being operated on a street, highway, or other public or private
property used by the public for vehicular traffic or parking.
(5) Divisions (B) and (C) of this section do not apply to a
person who transports or possesses a handgun in a motor vehicle
if, at the time of that transportation or possession, both of the
following apply:
(a) The person transporting or possessing the handgun is
carrying a valid license or temporary emergency license to carry a
concealed handgun issued to the person under section 2923.125 or
2923.1213 of the Revised Code or a license to carry a concealed
handgun that was issued by another state with which the attorney
general has entered into a reciprocity agreement under section
109.69 of the Revised Code.
(b) The person transporting or possessing the handgun is not
knowingly in a place described in division (B) of section 2923.126
of the Revised Code.
(6) Divisions (B) and (C) of this section do not apply to a
person if all of the following apply:
(a) The person possesses a valid electric-powered all-purpose
vehicle permit issued under section 1533.103 of the Revised Code
by the chief of the division of wildlife.
(b) The person is on or in an electric-powered all-purpose
vehicle as defined in section 1531.01 of the Revised Code or a
motor vehicle during the open hunting season for a wild quadruped
or game bird.
(c) The person is on or in an electric-powered all-purpose
vehicle as defined in section 1531.01 of the Revised Code or a
motor vehicle that is parked on a road that is owned or
administered by the division of wildlife, provided that the road
is identified by an electric-powered all-purpose vehicle sign.
(7) Nothing in this section prohibits or restricts a person
from storing or leaving a handgun in a locked motor vehicle that
is parked in the state underground parking garage operated by the
capitol square review and advisory board or that is parked in or
on any parking facility for motor vehicles that is all or part of
a government facility of this state, if 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 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 the person's transportation and
possession of the handgun in the motor vehicle while traveling to
the garage or facility was not in violation of division (A), (B),
(C), (D), or (E) of this section or any other provision of the
Revised Code.
(G)(1) The affirmative defenses authorized in divisions
(D)(1) and (2) of section 2923.12 of the Revised Code are
affirmative defenses to a charge under division (B) or (C) of this
section that involves a firearm other than a handgun.
(2) It is an affirmative defense to a charge under division
(B) or (C) of this section of improperly handling firearms in a
motor vehicle that the actor transported or had the firearm in the
motor vehicle for any lawful purpose and while the motor vehicle
was on the actor's own property, provided that this affirmative
defense is not available unless the person, immediately prior to
arriving at the actor's own property, did not transport or possess
the firearm in a motor vehicle in a manner prohibited by division
(B) or (C) of this section while the motor vehicle was being
operated on a street, highway, or other public or private property
used by the public for vehicular traffic.
(H)(1) No person who is charged with a violation of division
(B), (C), or (D) of this section shall be required to obtain a
license or temporary emergency license to carry a concealed
handgun under section 2923.125 or 2923.1213 of the Revised Code as
a condition for the dismissal of the charge.
(2)(a) If a person is convicted of, was convicted of, pleads
guilty to, or has pleaded guilty to a violation of division (E) of
this section as it existed prior to the effective date of this
amendment September 30, 2011, and if the conduct that was the
basis of the violation no longer would be a violation of division
(E) of this section on or after the effective date of this
amendment September 30, 2011, the person may file an application
under section 2953.37 of the Revised Code requesting the
expungement of the record of conviction.
If a person is convicted of, was convicted of, pleads guilty
to, or has pleaded guilty to a violation of division (B) or (C) of
this section as the division existed prior to the effective date
of this amendment September 30, 2011, and if the conduct that was
the basis of the violation no longer would be a violation of
division (B) or (C) of this section on or after the effective date
of this amendment September 30, 2011, due to the application of
division (F)(5) of this section as it exists on and after the
effective date of this amendment September 30, 2011, the person
may file an application under section 2953.37 of the Revised Code
requesting the expungement of the record of conviction.
(b) The attorney general shall develop a public media
advisory that summarizes the expungement procedure established
under section 2953.37 of the Revised Code and the offenders
identified in division (H)(2)(a) of this section who are
authorized to apply for the expungement. Within thirty days after
the effective date of this amendment September 30, 2011, the
attorney general shall provide a copy of the advisory to each
daily newspaper published in this state and each television
station that broadcasts in this state. The attorney general may
provide the advisory in a tangible form, an electronic form, or in
both tangible and electronic forms.
(I) Whoever violates this section is guilty of improperly
handling firearms in a motor vehicle. Violation of division (A) of
this section is a felony of the fourth degree. Violation of
division (C) of this section is a misdemeanor of the fourth
degree. A violation of division (D) of this section is a felony of
the fifth degree or, if the loaded handgun is concealed on the
person's person, a felony of the fourth degree. Except as
otherwise provided in this division, a violation of division
(E)(1) or (2) of this section is a misdemeanor of the first
degree, and, in addition to any other penalty or sanction imposed
for the violation, the offender's license or temporary emergency
license to carry a concealed handgun shall be suspended pursuant
to division (A)(2) of section 2923.128 of the Revised Code. If at
the time of the stop of the offender for a traffic stop, for
another law enforcement purpose, or for a purpose defined in
section 5503.34 of the Revised Code that was the basis of the
violation any law enforcement officer involved with the stop or
the employee of the motor carrier enforcement unit who made the
stop had actual knowledge of the offender's status as a licensee,
a violation of division (E)(1) or (2) of this section is a minor
misdemeanor, and the offender's license or temporary emergency
license to carry a concealed handgun shall not be suspended
pursuant to division (A)(2) of section 2923.128 of the Revised
Code. A violation of division (E)(4) of this section is a felony
of the fifth degree. A violation of division (E)(3) or (5) of this
section is a misdemeanor of the first degree or, if the offender
previously has been convicted of or pleaded guilty to a violation
of division (E)(3) or (5) of this section, a felony of the fifth
degree. In addition to any other penalty or sanction imposed for a
misdemeanor violation of division (E)(3) or (5) of this section,
the offender's license or temporary emergency license to carry a
concealed handgun shall be suspended pursuant to division (A)(2)
of section 2923.128 of the Revised Code. A violation of division
(B) of this section is a felony of the fourth degree.
(J) If a law enforcement officer stops a motor vehicle for a
traffic stop or any other purpose, if any person in the motor
vehicle surrenders a firearm to the officer, either voluntarily or
pursuant to a request or demand of the officer, and if the officer
does not charge the person with a violation of this section or
arrest the person for any offense, the person is not otherwise
prohibited by law from possessing the firearm, and the firearm is
not contraband, the officer shall return the firearm to the person
at the termination of the stop. If a court orders a law
enforcement officer to return a firearm to a person pursuant to
the requirement set forth in this division, division (B) of
section 2923.163 of the Revised Code applies.
(K) As used in this section:
(1) "Motor vehicle," "street," and "highway" have the same
meanings as in section 4511.01 of the Revised Code.
(2) "Occupied structure" has the same meaning as in section
2909.01 of the Revised Code.
(3) "Agriculture" has the same meaning as in section 519.01
of the Revised Code.
(4) "Tenant" has the same meaning as in section 1531.01 of
the Revised Code.
(5) "Unloaded" means any of the following:
(a) No ammunition is in the firearm in question, and no
ammunition is loaded into a magazine or speed loader that may be
used with the firearm in question and that is located anywhere
within the vehicle in question, without regard to where ammunition
otherwise is located within the vehicle in question. For the
purposes of division (K)(5)(a) of this section, ammunition held in
stripper-clips or in en-bloc clips is not considered ammunition
that is loaded into a magazine or speed loader.
(b) With respect to a firearm employing a percussion cap,
flintlock, or other obsolete ignition system, when the weapon is
uncapped or when the priming charge is removed from the pan.
(6) "Commercial motor vehicle" has the same meaning as in
division (A) of section 4506.25 of the Revised Code.
(7) "Motor carrier enforcement unit" means the motor carrier
enforcement unit in the department of public safety, division of
state highway patrol, that is created by section 5503.34 of the
Revised Code.
Section 2. That existing sections 105.41, 152.08, 2923.126,
and 2923.16 of the Revised Code are hereby repealed.
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