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H. B. No. 595 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Representative Celeste
A BILL
To amend sections 2911.21, 2923.122, and 2923.126 of
the Revised Code to generally prohibit a person
from having a firearm on privately owned land or
premises unless the person owns, controls, or
resides on or in the land or premises, has
permission of the owner or person who controls the
land or premises and, if the land or premises is
rental property, of the tenant when required, or
is the tenant with respect to those premises.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2911.21, 2923.122, and 2923.126 of
the Revised Code be amended to read as follows:
Sec. 2911.21. (A) No person, without privilege to do so,
shall do any of the following:
(1) Knowingly enter or remain on the land or premises of
another;
(2) Knowingly enter or remain on the land or premises of
another, the use of which is lawfully restricted to certain
persons, purposes, modes, or hours, when the offender knows the
offender is in violation of any such restriction or is reckless in
that regard;
(3) Recklessly enter or remain on the land or premises of
another, as to which notice against unauthorized access or
presence is given by actual communication to the offender, or in a
manner prescribed by law, or by posting in a manner reasonably
calculated to come to the attention of potential intruders, or by
fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently
fail or refuse to leave upon being notified by signage posted in a
conspicuous place or otherwise being notified to do so by the
owner or occupant, or the agent or servant of either;
(5) Knowingly carry a firearm on, onto, or into any private
land or premises unless any of the following applies:
(a) The person is the owner or person in control of the
private land or premises.
(b) The person resides on or in the private land or premises.
(c) The private land or premises is not residential rental
premises or commercial rental premises, the owner or person in
control of the private land or premises permits another person to
carry a firearm on, onto, or into the land or premises either by
posting a sign in a conspicuous location on the land or premises
that expressly permits other persons to carry a firearm on, onto,
or into the land or premises or by granting the other person
express permission, orally or in writing, to carry a firearm on,
onto, or into the land or premises, and the person's carrying of
the firearm on, onto, or into the private land or premises is in
accordance with that permission and not in violation of any term
or condition imposed pursuant to division (F)(1) of this section
upon the carrying of the firearm.
(d) The private land or premises is residential rental
premises or commercial rental premises, and the person is the
tenant with respect to those rental premises.
(e) The private land or premises is residential rental
premises, the owner or person in control of the private land or
premises permits a person who is not the tenant with respect to
those rental premises and is not a guest of that tenant to carry a
firearm on, onto, or into those rental premises by granting the
other person express permission, orally or in writing, to carry a
firearm on, onto, or into those rental premises, the person is not
the tenant with respect to those rental premises and is not a
guest of that tenant, and the person's carrying of the firearm on,
onto, or into those rental premises is in accordance with that
permission and not in violation of any term or condition imposed
pursuant to division (F)(1) of this section upon the carrying of
the firearm.
(f) The private land or premises is residential rental
premises, the owner or person in control of the private land or
premises permits any guest of the tenant with respect to those
rental premises to carry a firearm on, onto, or into those rental
premises by including in the rental agreement for the rental
premises a provision that expressly permits guests of that tenant
to carry a firearm on, onto, or into those rental premises, the
person is the guest of the tenant with respect to those rental
premises, the tenant with respect to those rental premises permits
the guest to carry a firearm on, onto, or into those rental
premises, and the person's carrying of the firearm on, onto, or
into those rental premises is in accordance with those permissions
and not in violation of any term or condition imposed pursuant to
division (F)(1) or (2) of this section upon the carrying of the
firearm.
(g) The private land or premises is commercial rental
premises, the owner or person in control of the private land or
premises permits any person who is not the tenant with respect to
those rental premises to carry a firearm on, onto, or into those
rental premises by including in the rental agreement for the
rental premises a provision that expressly permits such a person
to carry a firearm on, onto, or into those rental premises, the
person is not the tenant with respect to those rental premises,
the tenant with respect to those rental premises permits such a
person to carry a firearm on, onto, or into those rental premises
either by posting a sign in a conspicuous location on the premises
that expressly permits other persons to carry a firearm on, onto,
or into those rental premises or by granting the other person
express permission, orally or in writing, to carry a firearm on,
onto, or into those rental premises, and the person's carrying of
the firearm on, onto, or into those rental premises is in
accordance with those permissions and not in violation of any term
or condition imposed pursuant to division (F)(1) or (2) of this
section upon the carrying of the firearm.
(B) It is no defense to a charge under this section that the
land or premises involved was owned, controlled, or in custody of
a public agency.
(C) It is no defense to a charge under division (A)(1), (2),
(3), or (4) of this section that the offender was authorized to
enter or remain on the land or premises involved, when such
authorization was secured by deception.
(D)(1) Whoever violates this section is guilty of criminal
trespass, a misdemeanor of the fourth degree.
(2) Notwithstanding section 2929.28 of the Revised Code, if
the person, in committing the violation of this section, used a
snowmobile, off-highway motorcycle, or all-purpose vehicle, the
court shall impose a fine of two times the usual amount imposed
for the violation.
(3) If an offender previously has been convicted of or
pleaded guilty to two or more violations of this section or a
substantially equivalent municipal ordinance, and the offender, in
committing each violation, used a snowmobile, off-highway
motorcycle, or all-purpose vehicle, the court, in addition to or
independent of all other penalties imposed for the violation, may
impound the certificate of registration of that snowmobile or
off-highway motorcycle or the certificate of registration and
license plate of that all-purpose vehicle for not less than sixty
days. In such a case, section 4519.47 of the Revised Code applies.
(E) Notwithstanding any provision of the Revised Code, if the
offender, in committing the violation of this section, used an
all-purpose vehicle, the clerk of the court shall pay the fine
imposed pursuant to this section to the state recreational vehicle
fund created by section 4519.11 of the Revised Code.
(F)(1) An owner or person in control of private land or
premises who pursuant to division (A)(5)(c), (e), (f), or (g) of
this section permits another person to carry a firearm on, onto,
or into the land or premises may impose terms and conditions upon
the other person's carrying of a firearm on, onto, or into the
land or premises. Any term or condition so imposed shall be
specified in the provision of the posted sign or the oral or
written grant, the rental agreement, or the oral or written grant
referred to in division (A)(5)(c), (e), (f), or (g) of this
section, whichever is applicable, that expressly permits the other
person to carry a firearm on, onto, or into the land or premises.
If an owner or person in control of private land or premises
imposes terms and conditions upon another person's carrying of a
firearm on, onto, or into the land or premises pursuant to this
division, the other person shall not carry a firearm on, onto, or
into the land or premises in violation of any of the terms or
conditions.
(2) A tenant with respect to residential rental premises who
pursuant to division (A)(5)(f) of this section permits a guest to
carry a firearm on, onto, or into the premises or a tenant with
respect to commercial rental premises who pursuant to division
(A)(5)(g) of this section permits another person to carry a
firearm on, onto, or into the premises may impose terms and
conditions upon the guest's or other person's carrying of a
firearm on, onto, or into the land or premises. Any term or
condition so imposed shall be specified in the provision of the
posted sign or the oral or written grant referred to in division
(A)(5)(f) or (g) of this section, whichever is applicable, that
expressly permits the guest or other person to carry a firearm on,
onto, or into the land or premises. If a tenant imposes terms and
conditions upon guest's or other person's carrying of a firearm
on, onto, or into the land or premises pursuant to this division,
the guest or other person shall not carry a firearm on, onto, or
into the land or premises in violation of any of the terms or
conditions.
(3) Division (A)(5) of this section applies to any person,
including a concealed handgun licensee.
(G) As used in this section:
(1) "All-purpose vehicle," "off-highway motorcycle," and
"snowmobile" have the same meanings as in section 4519.01 of the
Revised Code.
(2) "Land or premises" includes any land, building,
structure, or place belonging to, controlled by, or in custody of
another, and any separate enclosure or room, or portion thereof.
(3) "Concealed handgun 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 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 209.69 of the
Revised Code.
(4) "Owner or person in control of private land or premises"
means any of the following:
(a) The person who owns the private land or premises;
(b) If the private land or premises is land or premises owned
by this state or a political subdivision of this state that is
leased by a private person or entity, the private person or entity
that leases the land or premises;
(c) The agent, representative, or employee of a person
described in division (H)(4)(a) of this section and who exercises
control over the land or premises on behalf of the person who owns
the land or premises;
(d) The agent, representative, or employee of a person
described in division (H)(4)(b) of this section and who exercises
control over the land or premises on behalf of the person who
leases the land or premises.
(5) "Private land or premises" means any land or premises
that is privately owned and any land or premises owned by this
state or a political subdivision of this state that is leased by a
private person or entity.
(6) "Residential rental premises" means any residential
premises, as defined in section 5321.01 of the Revised Code,
except that "residential rental premises" does not include a
dwelling unit that is owned or operated by a college or
university.
(7) "Commercial rental premises" means any rental premises
that are not residential rental premises and are not a dwelling
unit that is owned or operated by a college or university.
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)(12) 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.
(E)(1) Whoever violates division (A) or (B) of this section
is guilty of illegal conveyance or possession of a deadly weapon
or dangerous ordnance in a school safety zone. Except as otherwise
provided in this division, illegal conveyance or possession of a
deadly weapon or dangerous ordnance in a school safety zone is a
felony of the fifth degree. If the offender previously has been
convicted of a violation of this section, illegal conveyance or
possession of a deadly weapon or dangerous ordnance in a school
safety zone is a felony of the fourth degree.
(2) Whoever violates division (C) of this section is guilty
of illegal possession of an object indistinguishable from a
firearm in a school safety zone. Except as otherwise provided in
this division, illegal possession of an object indistinguishable
from a firearm in a school safety zone is a misdemeanor of the
first degree. If the offender previously has been convicted of a
violation of this section, illegal possession of an object
indistinguishable from a firearm in a school safety zone is a
felony of the fifth degree.
(F)(1) In addition to any other penalty imposed upon a person
who is convicted of or pleads guilty to a violation of this
section and subject to division (F)(2) of this section, if the
offender has not attained nineteen years of age, regardless of
whether the offender is attending or is enrolled in a school
operated by a board of education or for which the state board of
education prescribes minimum standards under section 3301.07 of
the Revised Code, the court shall impose upon the offender a class
four suspension of the offender's probationary driver's license,
restricted license, driver's license, commercial driver's license,
temporary instruction permit, or probationary commercial driver's
license that then is in effect from the range specified in
division (A)(4) of section 4510.02 of the Revised Code and shall
deny the offender the issuance of any permit or license of that
type during the period of the suspension.
If the offender is not a resident of this state, the court
shall impose a class four suspension of the nonresident operating
privilege of the offender from the range specified in division
(A)(4) of section 4510.02 of the Revised Code.
(2) If the offender shows good cause why the court should not
suspend one of the types of licenses, permits, or privileges
specified in division (F)(1) of this section or deny the issuance
of one of the temporary instruction permits specified in that
division, the court in its discretion may choose not to impose the
suspension, revocation, or denial required in that division.
(G) As used in this section, "object that is
indistinguishable from a firearm" means an object made,
constructed, or altered so that, to a reasonable person without
specialized training in firearms, the object appears to be a
firearm.
Sec. 2923.126. (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)
Any private land or premises, including any residential
rental premises, other dwelling, or commercial rental premises,
that is not any land or premises of a type described in divisions
(B)(1) to (9), (11), or (12) of this section, unless pursuant to
divisions (A)(5)(a) to (g) of section 2911.21 of the Revised Code,
the licensee's carrying of a concealed handgun on, onto, or into
the land or premises is permitted.
(11) Any land or premises owned by the state or a political
subdivision of this state that is leased by a private person or
entity, including any residential rental premises, other dwelling,
or commercial rental premises, that is not any land or premises of
a type described in divisions (B)(1) to (9), (10), or (12) of this
section, unless pursuant to divisions (A)(5)(a) to (g) of section
2911.21 of the Revised Code, the licensee's carrying of a
concealed handgun on, onto, or into the land or premises is
permitted.
(12) 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.
No posting is needed to prohibit a licensee who has been
issued a license under section 2923.125 or 2923.1213 of the
Revised Code from carrying a concealed handgun on, onto, or into
any land or premises that is within the coverage of division
(B)(10) or (11) of this section, and the restrictions specified in
those divisions against such a licensee carrying a concealed
handgun on, onto, or into any such land or premises automatically
apply by operation of law. An owner or person in control of land
or premises that is within the coverage of division (B)(10) or
(11) of this section may pursuant to divisions (A)(5)(a) to (g) of
section 2911.21 of the Revised Code permit a licensee who has been
issued a license under section 2923.125 or 2923.1213 of the
Revised Code to carry a concealed handgun on, onto, or into the
land or premises.
(b) A private person or entity leasing land or premises owned
by the United States or a political subdivision of the United
States who is 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, and prior to the effective date of
this amendment 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.
(4) "Residential rental premises" means any residential
premises, as defined in section 5321.01 of the Revised Code,
except that "residential rental premises" does not include a
dwelling unit that is owned or operated by a college or
university.
(5) "Landlord," "tenant," and "rental agreement" have the
same meanings as in section 5321.01 of the Revised Code.
Section 2. That existing sections 2911.21, 2923.122, and
2923.126 of the Revised Code are hereby repealed.
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