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S. B. No. 17 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Jones, Faber, Cafaro, Jordan, Grendell, Daniels, Beagle, Seitz, Wilson, Widener, Oelslager, Manning
A BILL
To amend sections 2923.121, 2923.128, and 2923.16 of
the Revised Code to permit a concealed carry
licensee to possess a firearm in liquor permit
premises, or an open air arena, for which a D
permit has been issued if the licensee is not
consuming liquor or under the influence of alcohol
or a drug of abuse and to modify the offense of
improperly handling firearms in a motor vehicle as
it applies to concealed carry licensees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2923.121, 2923.128, and 2923.16 of
the Revised Code be amended to read as follows:
Sec. 2923.121. (A) No person shall possess a firearm in any
room in which any person is consuming liquor in premises for which
a D permit has been issued under Chapter 4303. of the Revised Code
or in an open air arena for which a permit of that nature has been
issued.
(B)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or to a law enforcement officer, who is
authorized to carry firearms and is acting within the scope of the
officer's, agent's, or employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry firearms, and who is subject to and in
compliance with the requirements of section 109.801 of the Revised
Code, unless the appointing authority of the person has expressly
specified that the exemption provided in division (B)(1)(b) of
this section does not apply to the person;
(c) Any room used for the accommodation of guests of a hotel,
as defined in section 4301.01 of the Revised Code;
(d) The principal holder of a D permit issued for premises or
an open air arena under Chapter 4303. of the Revised Code while in
the premises or open air arena for which the permit was issued if
the principal holder of the D permit also possesses a valid
license or temporary emergency license to carry a concealed
handgun issued to the principal holder under section 2923.125 or
2923.1213 of the Revised Code or a license to carry a concealed
handgun that was issued to the principal holder by another state
with which the attorney general has entered into a reciprocity
agreement under section 109.69 of the Revised Code and as long as
the principal holder is not consuming liquor or under the
influence of alcohol or a drug of abuse, or any agent or employee
of that holder who also is a peace officer, as defined in section
2151.3515 of the Revised Code, who is off duty, and who otherwise
is authorized to carry firearms while in the course of the
officer's official duties and while in the premises or open air
arena for which the permit was issued and as long as the agent or
employee of that holder is not consuming liquor or under the
influence of alcohol or a drug of abuse.
(e) Any person who is carrying a valid license or temporary
emergency license to carry a concealed handgun issued to the
person under section 2923.125 or 2923.1213 of the Revised Code or
a license to carry a concealed handgun that was issued to the
person by another state with which the attorney general has
entered into a reciprocity agreement under section 109.69 of the
Revised Code and who possesses the firearm in a retail store with
D-6 and D-8 permits issued for that store under sections 4303.182
and 4303.184 of the Revised Code or a D-8 permit issued for that
store under section 4303.184 of the Revised Code, as long as the
person is not consuming liquor or under the influence of alcohol
or a drug of abuse.
(2) This section does not prohibit any person who is a member
of a veteran's organization, as defined in section 2915.01 of the
Revised Code, from possessing a rifle in any room in any premises
owned, leased, or otherwise under the control of the veteran's
organization, if the rifle is not loaded with live ammunition and
if the person otherwise is not prohibited by law from having the
rifle.
(3) This section does not apply to any person possessing or
displaying firearms in any room used to exhibit unloaded firearms
for sale or trade in a soldiers' memorial established pursuant to
Chapter 345. of the Revised Code, in a convention center, or in
any other public meeting place, if the person is an exhibitor,
trader, purchaser, or seller of firearms and is not otherwise
prohibited by law from possessing, trading, purchasing, or selling
the firearms.
(C) It is an affirmative defense to a charge under this
section of illegal possession of a firearm in liquor permit
premises that involves the possession of a firearm other than a
handgun, that the actor was not otherwise prohibited by law from
having the firearm, and that any of the following apply:
(1) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in or
was going to or from the actor's lawful business or occupation,
which business or occupation was of such character or was
necessarily carried on in such manner or at such a time or place
as to render the actor particularly susceptible to criminal
attack, such as would justify a prudent person in going armed.
(2) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in a
lawful activity, and had reasonable cause to fear a criminal
attack upon the actor or a member of the actor's family, or upon
the actor's home, such as would justify a prudent person in going
armed.
(D) No person who is charged with a violation of this section
shall be required to obtain a license or temporary emergency
license to carry a concealed handgun under section 2923.125 or
2923.1213 of the Revised Code as a condition for the dismissal of
the charge.
(E) Whoever violates this section is guilty of illegal
possession of a firearm in liquor permit premises. Except as
otherwise provided in this division, illegal possession of a
firearm in liquor permit premises is a felony of the fifth degree.
If the offender commits the violation of this section by knowingly
carrying or having the firearm concealed on the offender's person
or concealed ready at hand, illegal possession of a firearm in
liquor permit premises is a felony of the third degree.
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid
license issued under section 2923.125 or 2923.1213 of the Revised
Code is arrested for or otherwise charged with an offense
described in division (D)(1)(d) of section 2923.125 of the Revised
Code or with a violation of section 2923.15 of the Revised Code or
becomes subject to a temporary protection order or to a protection
order issued by a court of another state that is substantially
equivalent to a temporary protection order, the sheriff who issued
the license or temporary emergency license shall suspend it and
shall comply with division (A)(3) of this section upon becoming
aware of the arrest, charge, or protection order. Upon suspending
the license or temporary emergency license, the sheriff also shall
comply with division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(1)(a) of this section
shall be considered as beginning on the date that the licensee is
arrested for or otherwise charged with an offense described in
that division or on the date the appropriate court issued the
protection order described in that division, irrespective of when
the sheriff notifies the licensee under division (A)(3) of this
section. The suspension shall end on the date on which the charges
are dismissed or the licensee is found not guilty of the offense
described in division (A)(1)(a) of this section or, subject to
division (B) of this section, on the date the appropriate court
terminates the protection order described in that division. If the
suspension so ends, the sheriff shall return the license or
temporary emergency license to the licensee.
(2)(a) If a licensee holding a valid license issued under
section 2923.125 or 2923.1213 of the Revised Code is convicted of
or pleads guilty to a misdemeanor violation of division (B)(1),
(2), or (4) of section 2923.12 of the Revised Code or of division
(E)(1), (2), (3), (4), or (6)(5) of section 2923.16 of the Revised
Code, except as provided in division (A)(2)(c) of this section and
subject to division (C) of this section, the sheriff who issued
the license or temporary emergency license shall suspend it and
shall comply with division (A)(3) of this section upon becoming
aware of the conviction or guilty plea. Upon suspending the
license or temporary emergency license, the sheriff also shall
comply with division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(2)(a) of this section
shall be considered as beginning on the date that the licensee is
convicted of or pleads guilty to the offense described in that
division, irrespective of when the sheriff notifies the licensee
under division (A)(3) of this section. If the suspension is
imposed for a misdemeanor violation of division (B)(1) or (2) of
section 2923.12 of the Revised Code or of division (E)(1), (2), or
(3) or (4) of section 2923.16 of the Revised Code, it shall end on
the date that is one year after the date that the licensee is
convicted of or pleads guilty to that violation. If the suspension
is imposed for a misdemeanor violation of division (B)(4) of
section 2923.12 of the Revised Code or of division (E)(6)(5) of
section 2923.16 of the Revised Code, it shall end on the date that
is two years after the date that the licensee is convicted of or
pleads guilty to that violation. If the licensee's license was
issued under section 2923.125 of the Revised Code and the license
remains valid after the suspension ends as described in this
division, when the suspension ends, the sheriff shall return the
license to the licensee. If the licensee's license was issued
under section 2923.125 of the Revised Code and the license expires
before the suspension ends as described in this division, or if
the licensee's license was issued under section 2923.1213 of the
Revised Code, the licensee is not eligible to apply for a new
license under section 2923.125 or 2923.1213 of the Revised Code or
to renew the license under section 2923.125 of the Revised Code
until after the suspension ends as described in this division.
(c) The license of a licensee who is convicted of or pleads
guilty to a violation of division (B)(1) of section 2923.12 or
division (E)(3)(1) or (2) of section 2923.16 of the Revised Code
shall not be suspended pursuant to division (A)(2)(a) of this
section if, at the time of the stop of the licensee for a law
enforcement purpose, for a traffic stop, 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 licensee's status as a licensee.
(3) Upon becoming aware of an arrest, charge, or protection
order described in division (A)(1)(a) of this section with respect
to a licensee who was issued a license under section 2923.125 or
2923.1213 of the Revised Code, or a conviction of or plea of
guilty to a misdemeanor offense described in division (A)(2)(a) of
this section with respect to a licensee who was issued a license
under either section and with respect to which division (A)(2)(c)
of this section does not apply, subject to division (C) of this
section, the sheriff who issued the licensee's license or
temporary emergency license to carry a concealed handgun shall
notify the licensee, by certified mail, return receipt requested,
at the licensee's last known residence address that the license or
temporary emergency license has been suspended and that the
licensee is required to surrender the license or temporary
emergency license at the sheriff's office within ten days of the
date on which the notice was mailed. If the suspension is pursuant
to division (A)(2) of this section, the notice shall identify the
date on which the suspension ends.
(B)(1) A sheriff who issues a license or temporary emergency
license to carry a concealed handgun to a licensee under section
2923.125 or 2923.1213 of the Revised Code shall revoke the license
or temporary emergency license in accordance with division (B)(2)
of this section upon becoming aware that the licensee satisfies
any of the following:
(a) The licensee is under twenty-one years of age.
(b) Subject to division (C) of this section, at the time of
the issuance of the license or temporary emergency license, the
licensee did not satisfy the eligibility requirements of division
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the
Revised Code.
(c) Subject to division (C) of this section, on or after the
date on which the license or temporary emergency license was
issued, the licensee is convicted of or pleads guilty to a
violation of section 2923.15 of the Revised Code or an offense
described in division (D)(1)(e), (f), (g), or (h) of section
2923.125 of the Revised Code.
(d) On or after the date on which the license or temporary
emergency license was issued, the licensee becomes subject to a
civil protection order or to a protection order issued by a court
of another state that is substantially equivalent to a civil
protection order.
(e) The licensee knowingly carries a concealed handgun into a
place that the licensee knows is an unauthorized place specified
in division (B) of section 2923.126 of the Revised Code.
(f) On or after the date on which the license or temporary
emergency license was issued, the licensee is adjudicated as a
mental defective or is committed to a mental institution.
(g) At the time of the issuance of the license or temporary
emergency license, the licensee did not meet the residency
requirements described in division (D)(1) of section 2923.125 of
the Revised Code and currently does not meet the residency
requirements described in that division.
(h) Regarding a license issued under section 2923.125 of the
Revised Code, the competency certificate the licensee submitted
was forged or otherwise was fraudulent.
(2) Upon becoming aware of any circumstance listed in
division (B)(1) of this section that applies to a particular
licensee who was issued a license under section 2923.125 or
2923.1213 of the Revised Code, subject to division (C) of this
section, the sheriff who issued the license or temporary emergency
license to carry a concealed handgun to the licensee shall notify
the licensee, by certified mail, return receipt requested, at the
licensee's last known residence address that the license or
temporary emergency license is subject to revocation and that the
licensee may come to the sheriff's office and contest the
sheriff's proposed revocation within fourteen days of the date on
which the notice was mailed. After the fourteen-day period and
after consideration of any information that the licensee provides
during that period, if the sheriff determines on the basis of the
information of which the sheriff is aware that the licensee is
described in division (B)(1) of this section and no longer
satisfies the requirements described in division (D)(1) of section
2923.125 of the Revised Code that are applicable to the licensee's
type of license, the sheriff shall revoke the license or temporary
emergency license, notify the licensee of that fact, and require
the licensee to surrender the license or temporary emergency
license. Upon revoking the license or temporary emergency license,
the sheriff also shall comply with division (H) of section
2923.125 of the Revised Code.
(C) If a sheriff who issues a license or temporary emergency
license to carry a concealed handgun to a licensee under section
2923.125 or 2923.1213 of the Revised Code becomes aware that at
the time of the issuance of the license or temporary emergency
license the licensee had been convicted of or pleaded guilty to an
offense identified in division (D)(1)(e), (f), or (h) of section
2923.125 of the Revised Code or had been adjudicated a delinquent
child for committing an act or violation identified in any of
those divisions or becomes aware that on or after the date on
which the license or temporary emergency license was issued the
licensee has been convicted of or pleaded guilty to an offense
identified in division (A)(2)(a) or (B)(1)(c) of this section, the
sheriff shall not consider that conviction, guilty plea, or
adjudication as having occurred for purposes of divisions (A)(2),
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered
the sealing or expungement of the records of that conviction,
guilty plea, or adjudication pursuant to sections 2151.355 to
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a
court has granted the licensee relief pursuant to section 2923.14
of the Revised Code from the disability imposed pursuant to
section 2923.13 of the Revised Code relative to that conviction,
guilty plea, or adjudication.
(D) As used in this section, "motor carrier enforcement unit"
has the same meaning as in section 2923.16 of the Revised Code.
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 shall do any of the
following:
(1) Knowingly transport or have a loaded handgun in a motor
vehicle unless one of the following applies:
(a) The loaded handgun is in a holster on the person's
person.
(b) The loaded handgun is in a closed case, bag, box, or
other container that is in plain sight and that has a lid, a
cover, or a closing mechanism with a zipper, snap, or buckle,
which lid, cover, or closing mechanism must be opened for a person
to gain access to the handgun.
(c) The loaded handgun is securely encased by being stored in
a closed glove compartment or vehicle console or in a case that is
locked.
(2) If the person is transporting or has a loaded handgun in
a motor vehicle in a manner authorized under division (E)(1) of
this section, knowingly remove or attempt to remove the loaded
handgun from the holster, case, bag, box, container, or glove
compartment, knowingly grasp or hold the loaded handgun, or
knowingly have contact with the loaded handgun by touching it with
the person's hands or fingers while the motor vehicle is being
operated on a street, highway, or public property unless the
person removes, attempts to remove, grasps, holds, or has the
contact with the loaded handgun pursuant to and in accordance with
directions given by a law enforcement officer;
(3) If the person 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
if the person who is transporting or has a loaded handgun in the
motor vehicle or commercial motor vehicle in any manner, fail to
shall do any of the following that is applicable:
(a) If the person is the driver or an occupant of a motor
vehicle stopped as a result of a traffic stop or a stop for
another law enforcement purpose, fail (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;
(b) If the person is the driver or an occupant of a
commercial motor vehicle stopped by an employee of the motor
carrier enforcement unit for any of the defined purposes, fail (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.
(4) If the person 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 and if the person is
transporting or has a loaded handgun in the motor vehicle in any
manner, knowingly;
(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;
(5) If the person 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, if the person is transporting
or has a loaded handgun in the motor vehicle in a manner
authorized under division (E)(1) of this section, and if the
person is approached by any law enforcement officer while stopped,
knowingly remove or attempt to remove the loaded handgun from the
holster, case, bag, box, container, or glove compartment,
knowingly grasp or hold the loaded handgun, or knowingly (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;
(6) If the person 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 and if the person is
transporting or has a loaded handgun in the motor vehicle in any
manner, knowingly (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, all 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.
(c) One of the following applies:
(i) The handgun is in a holster on the person's person.
(ii) The handgun is in a closed case, bag, box, or other
container that is in plain sight and that has a lid, a cover, or a
closing mechanism with a zipper, snap, or buckle, which lid,
cover, or closing mechanism must be opened for a person to gain
access to the handgun.
(iii) The handgun is securely encased by being stored in a
closed glove compartment or vehicle console or in a case that is
locked.
(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.
(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) 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.
(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)(3)(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)(3)(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)(1), (2), or (5)(4) of
this section is a felony of the fifth degree. A violation of
division (E)(4)(3) or (6)(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)(4)(3) or
(6)(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)(4)(3) or (6)(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 whichever of the following is applicable:
(1) If, at the time of the transportation or possession in
violation of division (B) of this section, the offender was
carrying a valid license or temporary emergency license to carry a
concealed handgun issued to the offender under section 2923.125 or
2923.1213 of the Revised Code or a license to carry a concealed
handgun that was issued by another state with which the attorney
general has entered into a reciprocity agreement under section
109.69 of the Revised Code and the offender was not knowingly in a
place described in division (B) of section 2923.126 of the Revised
Code, the violation is a misdemeanor of the first degree or, if
the offender previously has been convicted of or pleaded guilty to
a violation of division (B) of this section, a felony of the
fourth degree.
(2) If division (I)(1) of this section does not apply, 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 2923.121, 2923.128, and
2923.16 of the Revised Code are hereby repealed.
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