The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. S. B. No. 17 As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
129th General Assembly | Regular Session | 2011-2012 |
| |
Cosponsors:
Senators Jones, Faber, Cafaro, Jordan, Grendell, Daniels, Beagle, Seitz, Wilson, Widener, Oelslager, Manning
A BILL
To amend sections 2923.121, 2923.125, 2923.128,
2923.16, 2953.321, 2953.33, and 2953.35 and to
enact section 2953.37 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, to modify
the offense of improperly handling firearms in a
motor vehicle as it applies to concealed carry
licensees, and to authorize the expungement of a
prior conviction of improperly handling firearms
in a motor vehicle that no longer would be a crime
under the bill.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2923.121, 2923.125, 2923.128,
2923.16, 2953.321, 2953.33, and 2953.35 be amended and section
2953.37 of the Revised Code be enacted 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. 2923.125. (A) Upon the request of a person who wishes
to obtain a license to carry a concealed handgun or to renew a
license to carry a concealed handgun, a sheriff, as provided in
division (I) of this section, shall provide to the person free of
charge an application form and the web site address at which the
pamphlet described in division (B) of section 109.731 of the
Revised Code may be found. A sheriff shall accept a completed
application form and the fee, items, materials, and information
specified in divisions (B)(1) to (5) of this section at the times
and in the manners described in division (I) of this section.
(B) An applicant for a license to carry a concealed handgun
shall submit a completed application form and all of the following
to the sheriff of the county in which the applicant resides or to
the sheriff of any county adjacent to the county in which the
applicant resides:
(1)(a) A nonrefundable license fee as described in either of
the following:
(i) For an applicant who has been a resident of this state
for five or more years, a fee of sixty-seven dollars;
(ii) For an applicant who has been a resident of this state
for less than five years, a fee of sixty-seven dollars plus the
actual cost of having a background check performed by the federal
bureau of investigation.
(b) No sheriff shall require an applicant to pay for the cost
of a background check performed by the bureau of criminal
identification and investigation.
(c) A sheriff shall waive the payment of the license fee
described in division (B)(1)(a) of this section in connection with
an initial or renewal application for a license that is submitted
by an applicant who is a retired peace officer, a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code, or a retired federal law enforcement officer who, prior to
retirement, was authorized under federal law to carry a firearm in
the course of duty, unless the retired peace officer, person, or
federal law enforcement officer retired as the result of a mental
disability.
(d) The sheriff shall deposit all fees paid by an applicant
under division (B)(1)(a) of this section into the sheriff's
concealed handgun license issuance fund established pursuant to
section 311.42 of the Revised Code. The county shall distribute
the fees in accordance with section 311.42 of the Revised Code.
(2) A color photograph of the applicant that was taken within
thirty days prior to the date of the application;
(3) One or more of the following competency certifications,
each of which shall reflect that, regarding a certification
described in division (B)(3)(a), (b), (c), (e), or (f) of this
section, within the three years immediately preceding the
application the applicant has performed that to which the
competency certification relates and that, regarding a
certification described in division (B)(3)(d) of this section, the
applicant currently is an active or reserve member of the armed
forces of the United States or within the six years immediately
preceding the application the honorable discharge or retirement to
which the competency certification relates occurred:
(a) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that was offered by or
under the auspices of the national rifle association and that
complies with the requirements set forth in division (G) of this
section;
(b) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that satisfies all of
the following criteria:
(i) It was open to members of the general public.
(ii) It utilized qualified instructors who were certified by
the national rifle association, the executive director of the Ohio
peace officer training commission pursuant to section 109.75 or
109.78 of the Revised Code, or a governmental official or entity
of another state.
(iii) It was offered by or under the auspices of a law
enforcement agency of this or another state or the United States,
a public or private college, university, or other similar
postsecondary educational institution located in this or another
state, a firearms training school located in this or another
state, or another type of public or private entity or organization
located in this or another state.
(iv) It complies with the requirements set forth in division
(G) of this section.
(c) An original or photocopy of a certificate of completion
of a state, county, municipal, or department of natural resources
peace officer training school that is approved by the executive
director of the Ohio peace officer training commission pursuant to
section 109.75 of the Revised Code and that complies with the
requirements set forth in division (G) of this section, or the
applicant has satisfactorily completed and been issued a
certificate of completion of a basic firearms training program, a
firearms requalification training program, or another basic
training program described in section 109.78 or 109.801 of the
Revised Code that complies with the requirements set forth in
division (G) of this section;
(d) A document that evidences both of the following:
(i) That the applicant is an active or reserve member of the
armed forces of the United States, was honorably discharged from
military service in the active or reserve armed forces of the
United States, is a retired trooper of the state highway patrol,
or is a retired peace officer or federal law enforcement officer
described in division (B)(1) of this section or a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code and division (B)(1) of this section;
(ii) That, through participation in the military service or
through the former employment described in division (B)(3)(d)(i)
of this section, the applicant acquired experience with handling
handguns or other firearms, and the experience so acquired was
equivalent to training that the applicant could have acquired in a
course, class, or program described in division (B)(3)(a), (b), or
(c) of this section.
(e) A certificate or another similar document that evidences
satisfactory completion of a firearms training, safety, or
requalification or firearms safety instructor course, class, or
program that is not otherwise described in division (B)(3)(a),
(b), (c), or (d) of this section, that was conducted by an
instructor who was certified by an official or entity of the
government of this or another state or the United States or by the
national rifle association, and that complies with the
requirements set forth in division (G) of this section;
(f) An affidavit that attests to the applicant's satisfactory
completion of a course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed
by the applicant's instructor or an authorized representative of
the entity that offered the course, class, or program or under
whose auspices the course, class, or program was offered.
(4) A certification by the applicant that the applicant has
read the pamphlet prepared by the Ohio peace officer training
commission pursuant to section 109.731 of the Revised Code that
reviews firearms, dispute resolution, and use of deadly force
matters.
(5) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of such a reading device, on a standard
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code.
(C) Upon receipt of an applicant's completed application
form, supporting documentation, and, if not waived, license fee, a
sheriff, in the manner specified in section 311.41 of the Revised
Code, shall conduct or cause to be conducted the criminal records
check and the incompetency records check described in section
311.41 of the Revised Code.
(D)(1) Except as provided in division (D)(3) or (4) of this
section, within forty-five days after a sheriff's receipt of an
applicant's completed application form for a license to carry a
concealed handgun, the supporting documentation, and, if not
waived, the license fee, the sheriff shall make available through
the law enforcement automated data system in accordance with
division (H) of this section the information described in that
division and, upon making the information available through the
system, shall issue to the applicant a license to carry a
concealed handgun that shall expire as described in division
(D)(2)(a) of this section if all of the following apply:
(a) The applicant is legally living in the United States, has
been a resident of this state for at least forty-five days, and
has been a resident of the county in which the person seeks the
license or a county adjacent to the county in which the person
seeks the license for at least thirty days. For purposes of
division (D)(1)(a) of this section:
(i) If a person is absent from the United States, from this
state, or from a particular county in this state in compliance
with military or naval orders as an active or reserve member of
the armed forces of the United States and if prior to leaving this
state in compliance with those orders the person was legally
living in the United States and was a resident of this state, the
person, solely by reason of that absence, shall not be considered
to have lost the person's status as living in the United States or
the person's residence in this state or in the county in which the
person was a resident prior to leaving this state in compliance
with those orders, without regard to whether or not the person
intends to return to this state or to that county, shall not be
considered to have acquired a residence in any other state, and
shall not be considered to have become a resident of any other
state.
(ii) If a person is present in this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least forty-five days,
the person shall be considered to have been a resident of this
state for that period of at least forty-five days, and, if a
person is present in a county of this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least thirty days, the
person shall be considered to have been a resident of that county
for that period of at least thirty days.
(b) The applicant is at least twenty-one years of age.
(c) The applicant is not a fugitive from justice.
(d) The applicant is not under indictment for or otherwise
charged with a felony; an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse; a misdemeanor offense of violence; or a violation
of section 2903.14 or 2923.1211 of the Revised Code.
(e) Except as otherwise provided in division (D)(5) of this
section, the applicant has not been convicted of or pleaded guilty
to a felony or an offense under Chapter 2925., 3719., or 4729. of
the Revised Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse; has not been adjudicated a delinquent child for committing
an act that if committed by an adult would be a felony or would be
an offense under Chapter 2925., 3719., or 4729. of the Revised
Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse; and has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2903.13 of the Revised Code when the victim of the
violation is a peace officer, regardless of whether the applicant
was sentenced under division (C)(3) of that section.
(f) Except as otherwise provided in division (D)(5) of this
section, the applicant, within three years of the date of the
application, has not been convicted of or pleaded guilty to a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer, or a misdemeanor violation of section 2923.1211 of
the Revised Code; and has not been adjudicated a delinquent child
for committing an act that if committed by an adult would be a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer or for committing an act that if committed by an
adult would be a misdemeanor violation of section 2923.1211 of the
Revised Code.
(g) Except as otherwise provided in division (D)(1)(e) of
this section, the applicant, within five years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing two or more
violations of section 2903.13 or 2903.14 of the Revised Code.
(h) Except as otherwise provided in division (D)(5) of this
section, the applicant, within ten years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2921.33 of the Revised Code.
(i) The applicant has not been adjudicated as a mental
defective, has not been committed to any mental institution, is
not under adjudication of mental incompetence, has not been found
by a court to be a mentally ill person subject to hospitalization
by court order, and is not an involuntary patient other than one
who is a patient only for purposes of observation. As used in this
division, "mentally ill person subject to hospitalization by court
order" and "patient" have the same meanings as in section 5122.01
of the Revised Code.
(j) The applicant is not currently subject to a civil
protection order, a temporary protection order, or a protection
order issued by a court of another state.
(k) The applicant certifies that the applicant desires a
legal means to carry a concealed handgun for defense of the
applicant or a member of the applicant's family while engaged in
lawful activity.
(l) The applicant submits a competency certification of the
type described in division (B)(3) of this section and submits a
certification of the type described in division (B)(4) of this
section regarding the applicant's reading of the pamphlet prepared
by the Ohio peace officer training commission pursuant to section
109.731 of the Revised Code.
(m) The applicant currently is not subject to a suspension
imposed under division (A)(2) of section 2923.128 of the Revised
Code of a license to carry a concealed handgun, or a temporary
emergency license to carry a concealed handgun, that previously
was issued to the applicant under this section or section
2923.1213 of the Revised Code.
(2)(a) A license to carry a concealed handgun that a sheriff
issues under division (D)(1) of this section on or after March 14,
2007, shall expire five years after the date of issuance. A
license to carry a concealed handgun that a sheriff issued under
division (D)(1) of this section prior to March 14, 2007, shall
expire four years after the date of issuance.
If a sheriff issues a license under this section, the sheriff
shall place on the license a unique combination of letters and
numbers identifying the license in accordance with the procedure
prescribed by the Ohio peace officer training commission pursuant
to section 109.731 of the Revised Code.
(b) If a sheriff denies an application under this section
because the applicant does not satisfy the criteria described in
division (D)(1) of this section, the sheriff shall specify the
grounds for the denial in a written notice to the applicant. The
applicant may appeal the denial pursuant to section 119.12 of the
Revised Code in the county served by the sheriff who denied the
application. If the denial was as a result of the criminal records
check conducted pursuant to section 311.41 of the Revised Code and
if, pursuant to section 2923.127 of the Revised Code, the
applicant challenges the criminal records check results using the
appropriate challenge and review procedure specified in that
section, the time for filing the appeal pursuant to section 119.12
of the Revised Code and this division is tolled during the
pendency of the request or the challenge and review. If the court
in an appeal under section 119.12 of the Revised Code and this
division enters a judgment sustaining the sheriff's refusal to
grant to the applicant a license to carry a concealed handgun, the
applicant may file a new application beginning one year after the
judgment is entered. If the court enters a judgment in favor of
the applicant, that judgment shall not restrict the authority of a
sheriff to suspend or revoke the license pursuant to section
2923.128 or 2923.1213 of the Revised Code or to refuse to renew
the license for any proper cause that may occur after the date the
judgment is entered. In the appeal, the court shall have full
power to dispose of all costs.
(3) If the sheriff with whom an application for a license to
carry a concealed handgun was filed under this section becomes
aware that the applicant has been arrested for or otherwise
charged with an offense that would disqualify the applicant from
holding the license, the sheriff shall suspend the processing of
the application until the disposition of the case arising from the
arrest or charge.
(4) If the sheriff determines that the applicant is legally
living in the United States and is a resident of the county in
which the applicant seeks the license or of an adjacent county but
does not yet meet the residency requirements described in division
(D)(1)(a) of this section, the sheriff shall not deny the license
because of the residency requirements but shall not issue the
license until the applicant meets those residency requirements.
(5) If an applicant has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
this section or has been adjudicated a delinquent child for
committing an act or violation identified in any of those
divisions, and 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, or section 2953.37 of the Revised Code or a court has
granted the applicant 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, the sheriff with whom the application was
submitted shall not consider the conviction, guilty plea, or
adjudication in making a determination under division (D)(1) or
(F) of this section or, in relation to an application for a
temporary emergency license to carry a concealed handgun submitted
under section 2923.1213 of the Revised Code, in making a
determination under division (B)(2) of that section.
(E) If a license to carry a concealed handgun issued under
this section is lost or is destroyed, the licensee may obtain from
the sheriff who issued that license a duplicate license upon the
payment of a fee of fifteen dollars and the submission of an
affidavit attesting to the loss or destruction of the license. The
sheriff, in accordance with the procedures prescribed in section
109.731 of the Revised Code, shall place on the replacement
license a combination of identifying numbers different from the
combination on the license that is being replaced.
(F)(1) A licensee who wishes to renew a license to carry a
concealed handgun issued under this section shall do so not
earlier than ninety days before the expiration date of the license
or at any time after the expiration date of the license by filing
with the sheriff of the county in which the applicant resides or
with the sheriff of an adjacent county an application for renewal
of the license obtained pursuant to division (D) of this section,
a certification by the applicant that, subsequent to the issuance
of the license, the applicant has reread the pamphlet prepared by
the Ohio peace officer training commission pursuant to section
109.731 of the Revised Code that reviews firearms, dispute
resolution, and use of deadly force matters, a nonrefundable
license renewal fee in an amount determined pursuant to division
(F)(4) of this section unless the fee is waived, and one of the
following:
(a) If the licensee previously has not renewed a license to
carry a concealed handgun issued under this section, proof that
the licensee at one time had a competency certification of the
type described in division (B)(3) of this section. A valid
license, expired license, or any other previously issued license
that has not been revoked is prima-facie evidence that the
licensee at one time had a competency certification of the type
described in division (B)(3) of this section.
(b) If the licensee previously has renewed a license to carry
a concealed handgun issued under this section, a renewed
competency certification of the type described in division (G)(4)
of this section.
(2) A sheriff shall accept a completed renewal application,
the license renewal fee, and information specified in division
(F)(1) of this section at the times and in the manners described
in division (I) of this section. Upon receipt of a completed
renewal application, of certification that the applicant has
reread the specified pamphlet prepared by the Ohio peace officer
training commission, of proof of a prior competency certification
for an initial renewal or of a renewed competency certification
for a second or subsequent renewal, and of a license renewal fee
unless the fee is waived, a sheriff, in the manner specified in
section 311.41 of the Revised Code shall conduct or cause to be
conducted the criminal records check and the incompetency records
check described in section 311.41 of the Revised Code. The sheriff
shall renew the license if the sheriff determines that the
applicant continues to satisfy the requirements described in
division (D)(1) of this section, except that the applicant is not
required to meet the requirements of division (D)(1)(l) of this
section. A renewed license that is renewed on or after March 14,
2007, shall expire five years after the date of issuance, and a
renewed license that is renewed prior to March 14, 2007, shall
expire four years after the date of issuance. A renewed license is
subject to division (E) of this section and sections 2923.126 and
2923.128 of the Revised Code. A sheriff shall comply with
divisions (D)(2) to (4) of this section when the circumstances
described in those divisions apply to a requested license renewal.
If a sheriff denies the renewal of a license to carry a concealed
handgun, the applicant may appeal the denial, or challenge the
criminal record check results that were the basis of the denial if
applicable, in the same manner as specified in division (D)(2)(b)
of this section and in section 2923.127 of the Revised Code,
regarding the denial of a license under this section.
(3) A renewal application submitted pursuant to division (F)
of this section shall only require the licensee to list on the
application form information and matters occurring since the date
of the licensee's last application for a license pursuant to
division (B) or (F) of this section. A sheriff conducting the
criminal records check and the incompetency records check
described in section 311.41 of the Revised Code shall conduct the
check only from the date of the licensee's last application for a
license pursuant to division (B) or (F) of this section through
the date of the renewal application submitted pursuant to division
(F) of this section.
(4) An applicant for a renewal license to carry a concealed
handgun shall submit to the sheriff of the county in which the
applicant resides or to the sheriff of any county adjacent to the
county in which the applicant resides a nonrefundable license fee
as described in either of the following:
(a) For an applicant who has been a resident of this state
for five or more years, a fee of fifty dollars;
(b) For an applicant who has been a resident of this state
for less than five years, a fee of fifty dollars plus the actual
cost of having a background check performed by the federal bureau
of investigation.
(G)(1) Each course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section shall provide to each
person who takes the course, class, or program the web site
address at which the pamphlet prepared by the Ohio peace officer
training commission pursuant to section 109.731 of the Revised
Code that reviews firearms, dispute resolution, and use of deadly
force matters may be found. Each such course, class, or program
described in one of those divisions shall include at least twelve
hours of training in the safe handling and use of a firearm that
shall include all of the following:
(a) At least ten hours of training on the following matters:
(i) The ability to name, explain, and demonstrate the rules
for safe handling of a handgun and proper storage practices for
handguns and ammunition;
(ii) The ability to demonstrate and explain how to handle
ammunition in a safe manner;
(iii) The ability to demonstrate the knowledge, skills, and
attitude necessary to shoot a handgun in a safe manner;
(iv) Gun handling training.
(b) At least two hours of training that consists of range
time and live-fire training.
(2) To satisfactorily complete the course, class, or program
described in division (B)(3)(a), (b), (c), or (e) of this section,
the applicant shall pass a competency examination that shall
include both of the following:
(a) A written section on the ability to name and explain the
rules for the safe handling of a handgun and proper storage
practices for handguns and ammunition;
(b) A physical demonstration of competence in the use of a
handgun and in the rules for safe handling and storage of a
handgun and a physical demonstration of the attitude necessary to
shoot a handgun in a safe manner.
(3) The competency certification described in division
(B)(3)(a), (b), (c), or (e) of this section shall be dated and
shall attest that the course, class, or program the applicant
successfully completed met the requirements described in division
(G)(1) of this section and that the applicant passed the
competency examination described in division (G)(2) of this
section.
(4) A person who previously has received a competency
certification as described in division (B)(3) of this section, or
who previously has received a renewed competency certification as
described in this division, may obtain a renewed competency
certification pursuant to this division. If the person previously
has received a competency certification or previously has received
a renewed competency certification, the person may obtain a
renewed competency certification from an entity that offers a
course, class, or program described in division (B)(3)(a), (b),
(c), or (e) of this section by passing a test that demonstrates
that the person is range competent. In these circumstances, the
person is not required to attend the course, class, or program or
to take the competency examination described in division (G)(2) of
this section for the renewed competency certification in order to
be eligible to receive a renewed competency certification. A
renewed competency certification issued under this division shall
be dated and shall attest that the person has demonstrated range
competency.
(H) Upon deciding to issue a license, deciding to issue a
replacement license, or deciding to renew a license to carry a
concealed handgun pursuant to this section, and before actually
issuing or renewing the license, the sheriff shall make available
through the law enforcement automated data system all information
contained on the license. If the license subsequently is suspended
under division (A)(1) or (2) of section 2923.128 of the Revised
Code, revoked pursuant to division (B)(1) of section 2923.128 of
the Revised Code, or lost or destroyed, the sheriff also shall
make available through the law enforcement automated data system a
notation of that fact. The superintendent of the state highway
patrol shall ensure that the law enforcement automated data system
is so configured as to permit the transmission through the system
of the information specified in this division.
(I) A sheriff shall accept a completed application form or
renewal application, and the fee, items, materials, and
information specified in divisions (B)(1) to (5) or division (F)
of this section, whichever is applicable, and shall provide an
application form or renewal application to any person during at
least fifteen hours a week and shall provide the web site address
at which the pamphlet described in division (B) of section 109.731
of the Revised Code may be found at any time, upon request. The
sheriff shall post notice of the hours during which the sheriff is
available to accept or provide the information described in this
division.
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)(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 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, 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 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 due
to the application of division (F)(5) of this section as it exists
on and after the effective date of this amendment, 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, 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)(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.
Sec. 2953.321. (A) As used in this section, "investigatory
work product" means any records or reports of a law enforcement
officer or agency that are excepted from the definition of
"official records" contained in section 2953.51 of the Revised
Code and that pertain to a case the records of which have been
ordered sealed pursuant to division (C)(2) of section 2953.32 of
the Revised Code or have been ordered expunged pursuant to
division (D)(2) of section 2953.37 of the Revised Code.
(B) Upon the issuance of an order by a court pursuant to
division (C)(2) of section 2953.32 of the Revised Code directing
that all official records pertaining to a case be sealed or an
order by a court pursuant to division (D)(2) of section 2953.37 of
the Revised Code directing that all official records pertaining to
a case be expunged:
(1) Every law enforcement officer who possesses investigatory
work product immediately shall deliver that work product to the
law enforcement officer's employing law enforcement agency.
(2) Except as provided in division (B)(3) of this section,
every law enforcement agency that possesses investigatory work
product shall close that work product to all persons who are not
directly employed by the law enforcement agency and shall treat
that work product, in relation to all persons other than those who
are directly employed by the law enforcement agency, as if it did
not exist and never had existed.
(3) A law enforcement agency that possesses investigatory
work product may permit another law enforcement agency to use that
work product in the investigation of another offense if the facts
incident to the offense being investigated by the other law
enforcement agency and the facts incident to an offense that is
the subject of the case are reasonably similar. The agency that
permits the use of investigatory work product may provide the
other agency with the name of the person who is the subject of the
case if it believes that the name of the person is necessary to
the conduct of the investigation by the other agency.
(C)(1) Except as provided in division (B)(3) of this section,
no law enforcement officer or other person employed by a law
enforcement agency shall knowingly release, disseminate, or
otherwise make the investigatory work product or any information
contained in that work product available to, or discuss any
information contained in it with, any person not employed by the
employing law enforcement agency.
(2) No law enforcement agency, or person employed by a law
enforcement agency, that receives investigatory work product
pursuant to division (B)(3) of this section shall use that work
product for any purpose other than the investigation of the
offense for which it was obtained from the other law enforcement
agency, or disclose the name of the person who is the subject of
the work product except when necessary for the conduct of the
investigation of the offense, or the prosecution of the person for
committing the offense, for which it was obtained from the other
law enforcement agency.
(3) It is not a violation of division (C)(1) or (2) of this
section for the bureau of criminal identification and
investigation or any authorized employee of the bureau
participating in the investigation of criminal activity to
release, disseminate, or otherwise make available to, or discuss
with, a person directly employed by a law enforcement agency DNA
records collected in the DNA database or fingerprints filed for
record by the superintendent of the bureau of criminal
identification and investigation.
(D) Whoever violates division (C)(1) or (2) of this section
is guilty of divulging confidential investigatory work product, a
misdemeanor of the fourth degree.
Sec. 2953.33. (A) Except An order issued under section
2953.37 of the Revised Code to expunge the record of a person's
conviction or, except as provided in division (G) of section
2953.32 of the Revised Code, an order issued under that section to
seal the record of a person's conviction restores the person who
is the subject of the order to all rights and privileges not
otherwise restored by termination of the sentence or community
control sanction or by final release on parole or post-release
control.
(B)(1) In any application for employment, license, or other
right or privilege, any appearance as a witness, or any other
inquiry, except as provided in division (E) of section 2953.32 and
in section 3319.292 of the Revised Code and subject to division
(B)(2) of this section, a person may be questioned only with
respect to convictions not sealed, bail forfeitures not expunged
under section 2953.42 of the Revised Code as it existed prior to
June 29, 1988, and bail forfeitures not sealed, unless the
question bears a direct and substantial relationship to the
position for which the person is being considered.
(2) A person may not be questioned in any application,
appearance, or inquiry of a type described in division (B)(1) of
this section with respect to any conviction expunged under section
2953.37 of the Revised Code.
Sec. 2953.35. (A) Except as authorized by divisions (D),
(E), and (F) of section 2953.32 of the Revised Code or by Chapter
2950. of the Revised Code, any officer or employee of the state,
or a political subdivision of the state, who releases or otherwise
disseminates or makes available for any purpose involving
employment, bonding, or licensing in connection with any business,
trade, or profession to any person, or to any department, agency,
or other instrumentality of the state, or any political
subdivision of the state, any information or other data concerning
any arrest, complaint, indictment, trial, hearing, adjudication,
conviction, or correctional supervision the records with respect
to which the officer or employee had knowledge of were sealed by
an existing order issued pursuant to sections 2953.31 to 2953.36
of the Revised Code, were expunged by an order issued pursuant to
section 2953.37 of the Revised Code, or were expunged by an order
issued pursuant to section 2953.42 of the Revised Code as it
existed prior to June 29, 1988, is guilty of divulging
confidential information, a misdemeanor of the fourth degree.
(B) Any person who, in violation of section 2953.32 of the
Revised Code, uses, disseminates, or otherwise makes available any
index prepared pursuant to division (F) of section 2953.32 of the
Revised Code is guilty of a misdemeanor of the fourth degree.
(C) It is not a violation of this section for the bureau of
criminal identification and investigation or any authorized
employee of the bureau participating in the investigation of
criminal activity to release, disseminate, or otherwise make
available to, or discuss with, a person directly employed by a law
enforcement agency DNA records collected in the DNA database or
fingerprints filed for record by the superintendent of the bureau
of criminal identification and investigation.
Sec. 2953.37. (A) As used in this section:
(1) "Expunge" means to destroy, delete, and erase a record as
appropriate for the record's physical or electronic form or
characteristic so that the record is permanently irretrievable.
(2) "Official records" has the same meaning as in section
2953.51 of the Revised Code.
(3) "Prosecutor" has the same meaning as in section 2953.31
of the Revised Code.
(4) "Record of conviction" means the record related to a
conviction of or plea of guilty to an offense.
(B) Any person who is convicted of, was convicted of, pleads
guilty to, or has pleaded guilty to a violation of division (B),
(C), or (E) of section 2923.16 of the Revised Code as the division
existed prior to the effective date of this section and who is
authorized by division (H)(2)(a) of that section to file an
application under this section for the expungement of the
conviction record may apply to the sentencing court for the
expungement of the record of conviction. The person may file the
application at any time on or after the effective date of this
section. The application shall do all of the following:
(1) Identify the applicant, the offense for which the
expungement is sought, the date of the conviction of or plea of
guilty to that offense, and the court in which the conviction
occurred or the plea of guilty was entered;
(2) Include evidence that the offense was a violation of
division (B), (C), or (E) of section 2923.16 of the Revised Code
as the division existed prior to the effective date of this
section and that the applicant is authorized by division (H)(2)(a)
of that section to file an application under this section;
(3) Include a request for expungement of the record of
conviction of that offense under this section.
(C) Upon the filing of an application under division (B) of
this section and the payment of the fee described in division
(D)(3) of this section if applicable, the court shall set a date
for a hearing and shall notify the prosecutor for the case of the
hearing on the application. The prosecutor may object to the
granting of the application by filing an objection with the court
prior to the date set for the hearing. The prosecutor shall
specify in the objection the reasons for believing a denial of the
application is justified. The court shall direct its regular
probation officer, a state probation officer, or the department of
probation of the county in which the applicant resides to make
inquiries and written reports as the court requires concerning the
applicant. The court shall hold the hearing scheduled under this
division.
(D)(1) At the hearing held under division (C) of this
section, the court shall do each of the following:
(a) Determine whether the applicant has been convicted of or
pleaded guilty to a violation of division (E) of section 2923.16
of the Revised Code as the division existed prior to the effective
date of this section and whether the conduct that was the basis of
the violation no longer would be a violation of that division on
or after the effective date of this section;
(b) Determine whether the applicant has been convicted of or
pleaded guilty to a violation of division (B) or (C) of section
2923.16 of the Revised Code as the division existed prior to the
effective date of this section and whether the conduct that was
the basis of the violation no longer would be a violation of that
division on or after the effective date of this section due to the
application of division (F)(5) of that section as it exists on and
after the effective date of this section;
(c) If the prosecutor has filed an objection in accordance
with division (C) of this section, consider the reasons against
granting the application specified by the prosecutor in the
objection;
(d) Weigh the interests of the applicant in having the
records pertaining to the applicant's conviction or guilty plea
expunged against the legitimate needs, if any, of the government
to maintain those records.
(2)(a) The court may order the expungement of all official
records pertaining to the case and the deletion of all index
references to the case and, if it does order the expungement,
shall send notice of the order to each public office or agency
that the court has reason to believe may have an official record
pertaining to the case if the court, after complying with division
(D)(1) of this section, determines both of the following:
(i) That the applicant has been convicted of or pleaded
guilty to a violation of division (E) of section 2923.16 of the
Revised Code as it existed prior to the effective date of this
section and the conduct that was the basis of the violation no
longer would be a violation of that division on or after the
effective date of this section, or that the applicant has been
convicted of or pleaded guilty to a violation of division (B) or
(C) of section 2923.16 of the Revised Code as the division existed
prior to the effective date of this section and the conduct that
was the basis of the violation no longer would be a violation of
that division on or after the effective date of this section due
to the application of division (F)(5) of that section as it exists
on and after the effective date of this section;
(ii) That the interests of the applicant in having the
records pertaining to the applicant's conviction or guilty plea
expunged are not outweighed by any legitimate needs of the
government to maintain those records.
(b) The proceedings in the case that is the subject of an
order issued under division (D)(2)(a) of this section shall be
considered not to have occurred and the conviction or guilty plea
of the person who is the subject of the proceedings shall be
expunged. The record of the conviction shall not be used for any
purpose, including, but not limited to, a criminal records check
under section 109.572 of the Revised Code or a determination under
section 2923.125 or 2923.1212 of the Revised Code of eligibility
for a license or temporary emergency license to carry a concealed
handgun. The applicant may, and the court shall, reply that no
record exists with respect to the applicant upon any inquiry into
the matter.
(3) Upon the filing of an application under this section, the
applicant, unless indigent, shall pay a fee of fifty dollars. The
court shall pay thirty dollars of the fee into the state treasury
and shall pay twenty dollars of the fee into the county general
revenue fund.
Section 2. That existing sections 2923.121, 2923.125,
2923.128, 2923.16, 2953.321, 2953.33, and 2953.35 of the Revised
Code are hereby repealed.
|