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H. B. No. 203 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Henne, Gonzales, Adams, J., Conditt, Retherford, Maag, Hottinger, Terhar, Brenner, Beck, Lynch, Sprague, Becker, Derickson, Wachtmann
A BILL
To amend sections 109.69, 109.85, 109.86, 311.41,
2901.09, 2917.11, 2917.31, 2923.11, 2923.125,
2923.1210, 2923.1213, 2923.13, and 2923.14 of the
Revised Code to authorize the automatic validity
in Ohio of a concealed handgun license issued by
another state if the other state automatically
recognizes as valid in that state an Ohio
concealed handgun license without the need for any
reciprocity agreement between the states; to
eliminate the requirement that a former military
member applying for a concealed handgun license
acquire a competency certification if more than
six years have passed since the member's honorable
discharge or retirement; to eliminate the
requirement that the training required to obtain a
competency certification be conducted for a
minimum number of twelve hours; to amend the
disqualifiers that prohibit a person from owning a
firearm and that prohibit a person from obtaining
a concealed handgun license; to permit a person
living in any state to apply for a concealed
handgun license or a temporary concealed handgun
license in Ohio; to permit an active or reserve
member of the military or their spouse to renew a
concealed handgun license by mail if the member or
spouse is outside of the state; to permit
investigators employed by the Attorney General to
investigate Medicaid fraud to go armed in the same
manner as sheriffs and regularly appointed police
officers; to require a sheriff to contact the
national instant criminal background check system
when running a criminal records check upon an
applicant for a concealed handgun license or for a
renewal of such a license; to expand the locations
at which a person has no duty to retreat before
using force in self-defense; and to provide that
the exercise of a constitutional or statutory
right is not, in itself, the offense of disorderly
conduct or inducing panic and does not constitute
reasonable, articulable suspicion of criminal
activity.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.69, 109.85, 109.86, 311.41,
2901.09, 2917.11, 2917.31, 2923.11, 2923.125, 2923.1210,
2923.1213, 2923.13, and 2923.14 of the Revised Code be amended to
read as follows:
Sec. 109.69. (A) The attorney general shall determine if
another state automatically, without written agreement, recognizes
a concealed handgun license issued under section 2923.125 of the
Revised Code. If the attorney general determines that another
state automatically, without written agreement, recognizes a
concealed carry license issued under that section, all of the
following apply:
(1) The attorney general shall publish that determination in
the same manner that written agreements entered into under
division (B)(1) or (2) of this section are published.
(2) That determination shall have the same force and effect
as a written agreement entered into under division (B)(1) or (2)
of this section.
(3) The concealed handgun license issued by the other state
shall be accepted and is valid in this state in the same manner as
if a written agreement between this state and the other state
existed under division (B)(1) or (2) of this section.
(B)(1) The attorney general shall negotiate and enter into a
reciprocity agreement with any other license-issuing state under
which a concealed handgun license that is issued by the other
state is recognized in this state if the attorney general
determines that both of the following apply:
(a) The eligibility requirements imposed by that
license-issuing state for that license are substantially
comparable to the eligibility requirements for a concealed handgun
license issued under section 2923.125 of the Revised Code.
(b) That the license-issuing state recognizes a concealed
handgun license issued under section 2923.125 of the Revised Code
and the license-issuing state requires a reciprocity agreement in
order to recognize a license issued under section 2923.125 of the
Revised Code.
(2) A reciprocity agreement entered into under division
(A)(B)(1) of this section also may provide for the recognition in
this state of a concealed handgun license issued on a temporary or
emergency basis by the other license-issuing state, if the
eligibility requirements imposed by that license-issuing state for
the temporary or emergency license are substantially comparable to
the eligibility requirements for a concealed handgun license
issued under section 2923.125 or 2923.1213 of the Revised Code and
if that license-issuing state recognizes a concealed handgun
license issued under section 2923.1213 of the Revised Code.
(3) The attorney general shall not negotiate any agreement
with any other license-issuing state under which a concealed
handgun license issued by the other state is recognized in this
state other than as provided in divisions (A)(1) and (2) of this
section.
(B)(C) As used in this section:
(1) "Handgun" and "concealed handgun license" have the same
meanings as in section 2923.11 of the Revised Code.
(2) "License-issuing state" means a state other than this
state that, pursuant to law, provides for the issuance of a
license to carry a concealed handgun.
Sec. 109.85. (A) Upon the written request of the governor,
the general assembly, the auditor of state, the director of job
and family services, the director of health, or the director of
budget and management, or upon the attorney general's becoming
aware of criminal or improper activity related to Chapter 3721.
and the medical assistance program established under section
5111.01 of the Revised Code, the attorney general shall
investigate any criminal or civil violation of law related to
Chapter 3721. of the Revised Code or the medical assistance
program.
(B) When it appears to the attorney general, as a result of
an investigation under division (A) of this section, that there is
cause to prosecute for the commission of a crime or to pursue a
civil remedy, the attorney general may refer the evidence to the
prosecuting attorney having jurisdiction of the matter, or to a
regular grand jury drawn and impaneled pursuant to sections
2939.01 to 2939.24 of the Revised Code, or to a special grand jury
drawn and impaneled pursuant to section 2939.17 of the Revised
Code, or the attorney general may initiate and prosecute any
necessary criminal or civil actions in any court or tribunal of
competent jurisdiction in this state. When proceeding under this
section, the attorney general, and any assistant or special
counsel designated by the attorney general for that purpose, have
all rights, privileges, and powers of prosecuting attorneys. The
attorney general shall have exclusive supervision and control of
all investigations and prosecutions initiated by the attorney
general under this section. The forfeiture provisions of Chapter
2981. of the Revised Code apply in relation to any such criminal
action initiated and prosecuted by the attorney general.
(C) Nothing in this section shall prevent a county
prosecuting attorney from investigating and prosecuting criminal
activity related to Chapter 3721. of the Revised Code and the
medical assistance program established under section 5111.01 of
the Revised Code. The forfeiture provisions of Chapter 2981. of
the Revised Code apply in relation to any prosecution of criminal
activity related to the medical assistance program undertaken by
the prosecuting attorney.
Investigators conducting an investigation pursuant to this
section may be authorized to go armed while conducting an
investigation under this section and if so authorized are exempt
from section 2923.12 of the Revised Code in the same manner as
sheriffs and regularly appointed police officers.
Sec. 109.86. (A) The attorney general shall investigate any
activity the attorney general has reasonable cause to believe is
in violation of section 2903.34 of the Revised Code. Upon written
request of the governor, the general assembly, the auditor of
state, or the director of health, job and family services, aging,
mental health, or developmental disabilities, the attorney general
shall investigate any activity these persons believe is in
violation of section 2903.34 of the Revised Code. If after an
investigation the attorney general has probable cause to prosecute
for the commission of a crime, the attorney general shall refer
the evidence to the prosecuting attorney, director of law, or
other similar chief legal officer having jurisdiction over the
matter. If the prosecuting attorney decides to present the
evidence to a grand jury, the prosecuting attorney shall notify
the attorney general in writing of the decision within thirty days
after referral of the matter and shall present the evidence prior
to the discharge of the next regular grand jury. If the director
of law or other chief legal officer decides to prosecute the case,
the director or officer shall notify the attorney general in
writing of the decision within thirty days and shall initiate
prosecution within sixty days after the matter was referred to the
director or officer.
(B) If the prosecuting attorney, director of law, or other
chief legal officer fails to notify the attorney general or to
present evidence or initiate prosecution in accordance with
division (A) of this section, the attorney general may present the
evidence to a regular grand jury drawn and impaneled pursuant to
sections 2939.01 to 2939.24 of the Revised Code, or to a special
grand jury drawn and impaneled pursuant to section 2939.17 of the
Revised Code, or the attorney general may initiate and prosecute
any action in any court or tribunal of competent jurisdiction in
this state. The attorney general, and any assistant or special
counsel designated by the attorney general, have all the powers of
a prosecuting attorney, director of law, or other chief legal
officer when proceeding under this section. Nothing in this
section shall limit or prevent a prosecuting attorney, director of
law, or other chief legal officer from investigating and
prosecuting criminal activity committed against a resident or
patient of a care facility.
Investigators conducting an investigation pursuant to this
section may be authorized to go armed while conducting an
investigation under this section and if so authorized are exempt
from section 2923.12 of the Revised Code in the same manner as
sheriffs and regularly appointed police officers.
Sec. 311.41. (A)(1) Upon receipt of an application for a
concealed handgun license under division (C) of section 2923.125
of the Revised Code, an application to renew a concealed handgun
license under division (F) of that section, or an application for
a concealed handgun license on a temporary emergency basis under
section 2923.1213 of the Revised Code, the sheriff shall conduct a
criminal records check and an incompetency check of the applicant
to determine whether the applicant fails to meet the criteria
described in division (D)(1) of section 2923.125 of the Revised
Code. As part of the criminal records check required by this
division for an application filed under division (C) or (F) of
section 2923.125 of the Revised Code, the sheriff shall contact
the national instant criminal background check system to determine
whether the applicant fails to meet the criteria described in
division (D)(1) of section 2923.125 of the Revised Code. The
sheriff shall conduct the criminal records check and the
incompetency records check required by this division through use
of an electronic fingerprint reading device or, if the sheriff
does not possess and does not have ready access to the use of an
electronic fingerprint reading device, by requesting the bureau of
criminal identification and investigation to conduct the checks as
described in this division.
In order to conduct the criminal records check and the
incompetency records check, the sheriff shall obtain the
fingerprints of at least four fingers of the applicant by using an
electronic fingerprint reading device for the purpose of
conducting the criminal records check and the incompetency records
check or, if the sheriff does not possess and does not have ready
access to the use of an electronic fingerprint reading device,
shall obtain from the applicant a completed standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code. The fingerprints so obtained, along
with the applicant's social security number, shall be used to
conduct the criminal records check and the incompetency records
check. If the sheriff does not use an electronic fingerprint
reading device to obtain the fingerprints and conduct the records
checks, the sheriff shall submit the completed standard
fingerprint impression sheet of the applicant, along with the
applicant's social security number, to the superintendent of the
bureau of criminal identification and investigation and shall
request the bureau to conduct the criminal records check and the
incompetency records check of the applicant and, if necessary,
shall request the superintendent of the bureau to obtain
information from the federal bureau of investigation as part of
the criminal records check for the applicant. If it is not
possible to use an electronic fingerprint reading device to
conduct an incompetency records check, the sheriff shall submit
the completed standard fingerprint impression sheet of the
applicant, along with the applicant's social security number, to
the superintendent of the bureau of criminal identification and
investigation and shall request the bureau to conduct the
incompetency records check. The sheriff shall not retain the
applicant's fingerprints as part of the application.
(2) Except as otherwise provided in this division, if at any
time the applicant decides not to continue with the application
process, the sheriff immediately shall cease any investigation
that is being conducted under division (A)(1) of this section. The
sheriff shall not cease that investigation if, at the time of the
applicant's decision not to continue with the application process,
the sheriff had determined from any of the sheriff's
investigations that the applicant then was engaged in activity of
a criminal nature.
(B) If a criminal records check and an incompetency records
check conducted under division (A) of this section do not indicate
that the applicant fails to meet the criteria described in
division (D)(1) of section 2923.125 of the Revised Code, except as
otherwise provided in this division, the sheriff shall destroy or
cause a designated employee to destroy all records other than the
application for a concealed handgun license, the application to
renew a concealed handgun license, or the affidavit submitted
regarding an application for a concealed handgun license on a
temporary emergency basis that were made in connection with the
criminal records check and incompetency records check within
twenty days after conducting the criminal records check and
incompetency records check. If an applicant appeals a denial of an
application as described in division (D)(2) of section 2923.125 of
the Revised Code or challenges the results of a criminal records
check pursuant to section 2923.127 of the Revised Code, records of
fingerprints of the applicant shall not be destroyed during the
pendency of the appeal or the challenge and review. When an
applicant appeals a denial as described in that division, the
twenty-day period described in this division commences regarding
the fingerprints upon the determination of the appeal. When
required as a result of a challenge and review performed pursuant
to section 2923.127 of the Revised Code, the source the sheriff
used in conducting the criminal records check shall destroy or the
chief operating officer of the source shall cause an employee of
the source designated by the chief to destroy all records other
than the application for a concealed handgun license, the
application to renew a concealed handgun license, or the affidavit
submitted regarding an application for a concealed handgun license
on a temporary emergency basis that were made in connection with
the criminal records check within twenty days after completion of
that challenge and review.
(C) If division (B) of this section applies to a particular
criminal records check or incompetency records check, no sheriff,
employee of a sheriff designated by the sheriff to destroy records
under that division, source the sheriff used in conducting the
criminal records check or incompetency records check, or employee
of the source designated by the chief operating officer of the
source to destroy records under that division shall fail to
destroy or cause to be destroyed within the applicable twenty-day
period specified in that division all records other than the
application for a concealed handgun license, the application to
renew a concealed handgun license, or the affidavit submitted
regarding an application for a concealed handgun license on a
temporary emergency basis made in connection with the particular
criminal records check or incompetency records check.
(D) Whoever violates division (C) of this section is guilty
of failure to destroy records, a misdemeanor of the second degree.
(E) As used in this section, "concealed:
(1) "Concealed handgun license" and "handgun" have the same
meanings as in section 2923.11 of the Revised Code.
(2) "National instant criminal background check system" means
the system established by the United States attorney general
pursuant to section 103 of the "Brady Handgun Violence Prevention
Act," Pub. L. No. 103-159.
Sec. 2901.09. (A) As used in this section, "residence" and
"vehicle" have the same meanings as in section 2901.05 of the
Revised Code.
(B) For purposes of any section of the Revised Code that sets
forth a criminal offense, a person who lawfully is in that
person's residence has no duty to retreat before using force in
self-defense, defense of another, or defense of that person's
residence, and a person who lawfully is an occupant of that
person's vehicle or who lawfully is an occupant in a vehicle owned
by an immediate family member of the person has no duty to retreat
before using force in self-defense or defense of another if that
person is in a place that the person lawfully has a right to be.
Sec. 2917.11. (A) No person shall recklessly cause
inconvenience, annoyance, or alarm to another by doing any of the
following:
(1) Engaging in fighting, in threatening harm to persons or
property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse
utterance, gesture, or display or communicating unwarranted and
grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under
circumstances in which that conduct is likely to provoke a violent
response;
(4) Hindering or preventing the movement of persons on a
public street, road, highway, or right-of-way, or to, from,
within, or upon public or private property, so as to interfere
with the rights of others, and by any act that serves no lawful
and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to
persons or that presents a risk of physical harm to persons or
property, by any act that serves no lawful and reasonable purpose
of the offender.
(B) No person, while voluntarily intoxicated, shall do either
of the following:
(1) In a public place or in the presence of two or more
persons, engage in conduct likely to be offensive or to cause
inconvenience, annoyance, or alarm to persons of ordinary
sensibilities, which conduct the offender, if the offender were
not intoxicated, should know is likely to have that effect on
others;
(2) Engage in conduct or create a condition that presents a
risk of physical harm to the offender or another, or to the
property of another.
(C) Violation of any statute or ordinance of which an element
is operating a motor vehicle, locomotive, watercraft, aircraft, or
other vehicle while under the influence of alcohol or any drug of
abuse, is not a violation of division (B) of this section.
(D) If a person appears to an ordinary observer to be
intoxicated, it is probable cause to believe that person is
voluntarily intoxicated for purposes of division (B) of this
section.
(E) The exercise of a constitutional or statutory right is
not, in itself, a violation of this section and does not
constitute reasonable, articulable suspicion of criminal activity.
(F)(1) Whoever violates this section is guilty of disorderly
conduct.
(2) Except as otherwise provided in division
(E)(F)(3) of
this section, disorderly conduct is a minor misdemeanor.
(3) Disorderly conduct is a misdemeanor of the fourth degree
if any of the following applies:
(a) The offender persists in disorderly conduct after
reasonable warning or request to desist.
(b) The offense is committed in the vicinity of a school or
in a school safety zone.
(c) The offense is committed in the presence of any law
enforcement officer, firefighter, rescuer, medical person,
emergency medical services person, or other authorized person who
is engaged in the person's duties at the scene of a fire,
accident, disaster, riot, or emergency of any kind.
(d) The offense is committed in the presence of any emergency
facility person who is engaged in the person's duties in an
emergency facility.
(F)(G) As used in this section:
(1) "Emergency medical services person" is the singular of
"emergency medical services personnel" as defined in section
2133.21 of the Revised Code.
(2) "Emergency facility person" is the singular of "emergency
facility personnel" as defined in section 2909.04 of the Revised
Code.
(3) "Emergency facility" has the same meaning as in section
2909.04 of the Revised Code.
(4) "Committed in the vicinity of a school" has the same
meaning as in section 2925.01 of the Revised Code.
Sec. 2917.31. (A) No person shall cause the evacuation of
any public place, or otherwise cause serious public inconvenience
or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an
alleged or impending fire, explosion, crime, or other catastrophe,
knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the
likelihood that its commission will cause serious public
inconvenience or alarm.
(B)(1) Division (A)(1) of this section does not apply to any
person conducting an authorized fire or emergency drill.
(2) The exercise of a constitutional or statutory right is
not, in itself, a violation of this section and does not
constitute reasonable, articulable suspicion of criminal activity.
(C)(1) Whoever violates this section is guilty of inducing
panic.
(2) Except as otherwise provided in division (C)(3), (4),
(5), (6), (7), or (8) of this section, inducing panic is a
misdemeanor of the first degree.
(3) Except as otherwise provided in division (C)(4), (5),
(6), (7), or (8) of this section, if a violation of this section
results in physical harm to any person, inducing panic is a felony
of the fourth degree.
(4) Except as otherwise provided in division (C)(5), (6),
(7), or (8) of this section, if a violation of this section
results in economic harm, the penalty shall be determined as
follows:
(a) If the violation results in economic harm of one thousand
dollars or more but less than seven thousand five hundred dollars
and if division (C)(3) of this section does not apply, inducing
panic is a felony of the fifth degree.
(b) If the violation results in economic harm of seven
thousand five hundred dollars or more but less than one hundred
fifty thousand dollars, inducing panic is a felony of the fourth
degree.
(c) If the violation results in economic harm of one hundred
fifty thousand dollars or more, inducing panic is a felony of the
third degree.
(5) If the public place involved in a violation of division
(A)(1) of this section is a school or an institution of higher
education, inducing panic is a felony of the second degree.
(6) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5), (7), or (8) of this
section, inducing panic is a felony of the fourth degree.
(7) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5) of this section, if a
violation of this section results in physical harm to any person,
inducing panic is a felony of the third degree.
(8) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5) of this section, if a
violation of this section results in economic harm of one hundred
thousand dollars or more, inducing panic is a felony of the third
degree.
(D)(1) It is not a defense to a charge under this section
that pertains to a purported or threatened use of a weapon of mass
destruction that the offender did not possess or have the ability
to use a weapon of mass destruction or that what was represented
to be a weapon of mass destruction was not a weapon of mass
destruction.
(2) Any act that is a violation of this section and any other
section of the Revised Code may be prosecuted under this section,
the other section, or both sections.
(E) As used in this section:
(1) "Economic harm" means any of the following:
(a) All direct, incidental, and consequential pecuniary harm
suffered by a victim as a result of criminal conduct. "Economic
harm" as described in this division includes, but is not limited
to, all of the following:
(i) All wages, salaries, or other compensation lost as a
result of the criminal conduct;
(ii) The cost of all wages, salaries, or other compensation
paid to employees for time those employees are prevented from
working as a result of the criminal conduct;
(iii) The overhead costs incurred for the time that a
business is shut down as a result of the criminal conduct;
(iv) The loss of value to tangible or intangible property
that was damaged as a result of the criminal conduct.
(b) All costs incurred by the state or any political
subdivision as a result of, or in making any response to, the
criminal conduct that constituted the violation of this section or
section 2917.32 of the Revised Code, including, but not limited
to, all costs so incurred by any law enforcement officers,
firefighters, rescue personnel, or emergency medical services
personnel of the state or the political subdivision.
(2) "School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a violation of this section is committed.
(3) "Weapon of mass destruction" means any of the following:
(a) Any weapon that is designed or intended to cause death or
serious physical harm through the release, dissemination, or
impact of toxic or poisonous chemicals, or their precursors;
(b) Any weapon involving a disease organism or biological
agent;
(c) Any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life;
(d) Any of the following, except to the extent that the item
or device in question is expressly excepted from the definition of
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and
regulations issued under that section:
(i) Any explosive, incendiary, or poison gas bomb, grenade,
rocket having a propellant charge of more than four ounces,
missile having an explosive or incendiary charge of more than
one-quarter ounce, mine, or similar device;
(ii) Any combination of parts either designed or intended for
use in converting any item or device into any item or device
described in division (E)(3)(d)(i) of this section and from which
an item or device described in that division may be readily
assembled.
(4) "Biological agent" has the same meaning as in section
2917.33 of the Revised Code.
(5) "Emergency medical services personnel" has the same
meaning as in section 2133.21 of the Revised Code.
(6) "Institution of higher education" means any of the
following:
(a) A state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, community college,
state community college, university branch, or technical college;
(b) A private, nonprofit college, university or other
post-secondary institution located in this state that possesses a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code;
(c) A post-secondary institution with a certificate of
registration issued by the state board of career colleges and
schools under Chapter 3332. of the Revised Code.
Sec. 2923.11. As used in sections 2923.11 to 2923.24 of the
Revised Code:
(A) "Deadly weapon" means any instrument, device, or thing
capable of inflicting death, and designed or specially adapted for
use as a weapon, or possessed, carried, or used as a weapon.
(B)(1) "Firearm" means any deadly weapon capable of expelling
or propelling one or more projectiles by the action of an
explosive or combustible propellant. "Firearm" includes an
unloaded firearm, and any firearm that is inoperable but that can
readily be rendered operable.
(2) When determining whether a firearm is capable of
expelling or propelling one or more projectiles by the action of
an explosive or combustible propellant, the trier of fact may rely
upon circumstantial evidence, including, but not limited to, the
representations and actions of the individual exercising control
over the firearm.
(C) "Handgun" means any of the following:
(1) Any firearm that has a short stock and is designed to be
held and fired by the use of a single hand;
(2) Any combination of parts from which a firearm of a type
described in division (C)(1) of this section can be assembled.
(D) "Semi-automatic firearm" means any firearm designed or
specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single
function of the trigger.
(E) "Automatic firearm" means any firearm designed or
specially adapted to fire a succession of cartridges with a single
function of the trigger. "Automatic firearm" also means any
semi-automatic firearm designed or specially adapted to fire more
than thirty-one cartridges without reloading, other than a firearm
chambering only .22 caliber short, long, or long-rifle cartridges.
(F) "Sawed-off firearm" means a shotgun with a barrel less
than eighteen inches long, or a rifle with a barrel less than
sixteen inches long, or a shotgun or rifle less than twenty-six
inches long overall.
(G) "Zip-gun" means any of the following:
(1) Any firearm of crude and extemporized manufacture;
(2) Any device, including without limitation a starter's
pistol, that is not designed as a firearm, but that is specially
adapted for use as a firearm;
(3) Any industrial tool, signalling device, or safety device,
that is not designed as a firearm, but that as designed is capable
of use as such, when possessed, carried, or used as a firearm.
(H) "Explosive device" means any device designed or specially
adapted to cause physical harm to persons or property by means of
an explosion, and consisting of an explosive substance or agency
and a means to detonate it. "Explosive device" includes without
limitation any bomb, any explosive demolition device, any blasting
cap or detonator containing an explosive charge, and any pressure
vessel that has been knowingly tampered with or arranged so as to
explode.
(I) "Incendiary device" means any firebomb, and any device
designed or specially adapted to cause physical harm to persons or
property by means of fire, and consisting of an incendiary
substance or agency and a means to ignite it.
(J) "Ballistic knife" means a knife with a detachable blade
that is propelled by a spring-operated mechanism.
(K) "Dangerous ordnance" means any of the following, except
as provided in division (L) of this section:
(1) Any automatic or sawed-off firearm, zip-gun, or ballistic
knife;
(2) Any explosive device or incendiary device;
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,
cyclonite, TNT, picric acid, and other high explosives; amatol,
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high
explosive compositions; plastic explosives; dynamite, blasting
gelatin, gelatin dynamite, sensitized ammonium nitrate,
liquid-oxygen blasting explosives, blasting powder, and other
blasting agents; and any other explosive substance having
sufficient brisance or power to be particularly suitable for use
as a military explosive, or for use in mining, quarrying,
excavating, or demolitions;
(4) Any firearm, rocket launcher, mortar, artillery piece,
grenade, mine, bomb, torpedo, or similar weapon, designed and
manufactured for military purposes, and the ammunition for that
weapon;
(5) Any firearm muffler or silencer;
(6) Any combination of parts that is intended by the owner
for use in converting any firearm or other device into a dangerous
ordnance.
(L) "Dangerous ordnance" does not include any of the
following:
(1) Any firearm, including a military weapon and the
ammunition for that weapon, and regardless of its actual age, that
employs a percussion cap or other obsolete ignition system, or
that is designed and safe for use only with black powder;
(2) Any pistol, rifle, or shotgun, designed or suitable for
sporting purposes, including a military weapon as issued or as
modified, and the ammunition for that weapon, unless the firearm
is an automatic or sawed-off firearm;
(3) Any cannon or other artillery piece that, regardless of
its actual age, is of a type in accepted use prior to 1887, has no
mechanical, hydraulic, pneumatic, or other system for absorbing
recoil and returning the tube into battery without displacing the
carriage, and is designed and safe for use only with black powder;
(4) Black powder, priming quills, and percussion caps
possessed and lawfully used to fire a cannon of a type defined in
division (L)(3) of this section during displays, celebrations,
organized matches or shoots, and target practice, and smokeless
and black powder, primers, and percussion caps possessed and
lawfully used as a propellant or ignition device in small-arms or
small-arms ammunition;
(5) Dangerous ordnance that is inoperable or inert and cannot
readily be rendered operable or activated, and that is kept as a
trophy, souvenir, curio, or museum piece.
(6) Any device that is expressly excepted from the definition
of a destructive device pursuant to the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations
issued under that act.
(M) "Explosive" means any chemical compound, mixture, or
device, the primary or common purpose of which is to function by
explosion. "Explosive" includes all materials that have been
classified as division 1.1, division 1.2, division 1.3, or
division 1.4 explosives by the United States department of
transportation in its regulations and includes, but is not limited
to, dynamite, black powder, pellet powders, initiating explosives,
blasting caps, electric blasting caps, safety fuses, fuse
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and
igniter cords and igniters. "Explosive" does not include
"fireworks," as defined in section 3743.01 of the Revised Code, or
any substance or material otherwise meeting the definition of
explosive set forth in this section that is manufactured, sold,
possessed, transported, stored, or used in any activity described
in section 3743.80 of the Revised Code, provided the activity is
conducted in accordance with all applicable laws, rules, and
regulations, including, but not limited to, the provisions of
section 3743.80 of the Revised Code and the rules of the fire
marshal adopted pursuant to section 3737.82 of the Revised Code.
(N)(1) "Concealed handgun license" or "license to carry a
concealed handgun" means, subject to division (N)(2) of this
section, a license or temporary emergency license to carry a
concealed handgun issued under section 2923.125 or 2923.1213 of
the Revised Code or a license to carry a concealed handgun issued
by another state with which the attorney general has entered into
a reciprocity agreement under section 109.69 of the Revised Code.
(2) A reference in any provision of the Revised Code to a
concealed handgun license issued under section 2923.125 of the
Revised Code or a license to carry a concealed handgun issued
under section 2923.125 of the Revised Code means only a license of
the type that is specified in that section. A reference in any
provision of the Revised Code to a concealed handgun license
issued under section 2923.1213 of the Revised Code, a license to
carry a concealed handgun issued under section 2923.1213 of the
Revised Code, or a license to carry a concealed handgun on a
temporary emergency basis means only a license of the type that is
specified in section 2923.1213 of the Revised Code. A reference in
any provision of the Revised Code to a concealed handgun license
issued by another state or a license to carry a concealed handgun
issued by another state means only a license issued by another
state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.
(O) "Valid concealed handgun license" or "valid license to
carry a concealed handgun" means a concealed handgun license that
is currently valid, that is not under a suspension under division
(A)(1) of section 2923.128 of the Revised Code, under section
2923.1213 of the Revised Code, or under a suspension provision of
the state other than this state in which the license was issued,
and that has not been revoked under division (B)(1) of section
2923.128 of the Revised Code, under section 2923.1213 of the
Revised Code, or under a revocation provision of the state other
than this state in which the license was issued.
(P) "Crime punishable by imprisonment for a term exceeding
one year" does not include any of the following:
(1) Any federal or state offense pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business practices;
(2) Any misdemeanor offense punishable by a term of
imprisonment of two years or less.
(Q) "Intimate partner" means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual
who is a parent of a child of the person, and an individual who
cohabitates or has cohabited with the person.
(R) "Alien registration number" means the number issued by
the United States citizenship and immigration services agency that
is located on the alien's permanent resident card and may also be
commonly referred to as the "USCIS number" or the "alien number."
Sec. 2923.125. (A) This section applies with respect to the
application for and issuance by this state of concealed handgun
licenses other than concealed handgun licenses on a temporary
emergency basis that are issued under section 2923.1213 of the
Revised Code. Upon the request of a person who wishes to obtain a
concealed handgun license with respect to which this section
applies or to renew a concealed handgun license with respect to
which this section applies, 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 a printable
version of the application form that can be downloaded and 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 concealed handgun license with respect
to which this section applies 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, or in the
case of an applicant who resides in another state, to any sheriff
of any Ohio county:
(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 or who is not a resident of this state, 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 is a former member of the armed
forces of the United States and has retired from the armed forces
or has received an 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.
(6) If the applicant is not a citizen of the United States,
the name of the applicant's country of citizenship and the
applicant's alien registration number issued by the United States
citizenship and immigration services agency.
(C) Upon receipt of the completed application form,
supporting documentation, and, if not waived, license fee of an
applicant under this section, 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 concealed handgun
license under this section, 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 concealed handgun
license 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, 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 United
States 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; crime punishable by imprisonment for a term
exceeding one year, a misdemeanor offense of violence;, or a
violation of section 2903.14 or 2923.1211 of the Revised Code or a
similar violation in another state.
(e) Except as otherwise provided in division (D)(5)(4) 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 crime punishable by imprisonment for a term
exceeding one year; 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 crime punishable by imprisonment for a term exceeding one
year; 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, or a similar
violation in another state.
(f) Except as otherwise provided in division (D)(5)(4) 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, or any similar violation in another state; 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 or
any similar violation in another state.
(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 or of
any similar violation in another state.
(h) Except as otherwise provided in division (D)(5)(4) 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 or a similar violation in
another state.
(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 that was issued after a
hearing of which the applicant received actual notice and at which
the applicant had an opportunity to participate and that restrains
the applicant from harassing, stalking, or threatening an intimate
partner of the applicant or child of an intimate partner of the
applicant, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury to the
intimate partner or the child of the intimate partner and that
includes a finding that the applicant represents a credible threat
to the physical safety of the applicant's intimate partner or
child or by its terms includes an explicit prohibition against the
use, attempted use, or threatened use of physical force against an
intimate partner of the applicant or a child of an intimate
partner of the applicant that would reasonably be expected to
cause bodily injury.
(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 concealed handgun license that previously was issued to
the applicant under this section or section 2923.1213 of the
Revised Code or a similar suspension imposed by another state
regarding a concealed handgun license issued by that state.
(n) The applicant certifies that the applicant is not an
unlawful user of or addicted to any controlled substance as
defined in 21 U.S.C. 802.
(o) If the applicant is not a United States citizen, the
applicant is an alien and has not been admitted to the United
States under a nonimmigrant visa, as defined in the "Immigration
and Nationality Act," 8 U.S.C. 1101(a)(26).
(p) The applicant has not been discharged from the armed
forces of the United States under dishonorable conditions.
(q) The applicant certifies that the applicant has not
renounced the applicant's United States citizenship.
(r) The applicant has not been convicted of, pleaded guilty
to, or adjudicated a delinquent child for committing a violation
of section 2919.25 of the Revised Code or a similar violation in
another state.
(2)(a) A concealed handgun license that a sheriff issues
under division (D)(1) of this section shall expire five 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 concealed handgun license, 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 concealed
handgun license 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, sections 2953.31 to
2953.36, or section 2953.37 of the Revised Code or a court in
another state has ordered the sealing or expungement of the
records of the conviction, guilty plea, or adjudication of a
similar violation in another state pursuant to the laws of that
state or a court has granted the applicant relief pursuant to
section 2923.14 of the Revised Code or a similar statute in
another state from the disability imposed pursuant to section
2923.13 of the Revised Code
or a disability imposed by a court in
another state 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 concealed handgun
license on a temporary emergency basis submitted under section
2923.1213 of the Revised Code, in making a determination under
division (B)(2) of that section.
(E) If a concealed handgun license 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 (a) Except as provided in division (F)(1)(b) of this
section, a licensee who wishes to renew a concealed handgun
license 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, and a nonrefundable license renewal
fee in an amount determined pursuant to division (F)(4) of this
section unless the fee is waived.
(b) A licensee who is absent from the United States, from
this state, or from a particular county in this state in
compliance with military, gubernatorial, or naval orders as an
active or reserve member of the armed forces of the United States
or who is so absent because they are the spouse of a person acting
in compliance with orders of that type and who wishes to renew a
concealed handgun license issued under this section may renew the
license by mailing a completed renewal application, the license
renewal fee, a copy of the licensee's military, gubernatorial, or
naval orders calling the licensee to active duty or of any orders
further extending active duty, and the information specified in
division (F)(1)(a) of this section to the sheriff of the county in
which the applicant most recently resided, to the sheriff of an
adjacent county, or in the case of a licensee who resides in
another state to the sheriff of any county not earlier than ninety
days before the expiration date of the license or at any time
after the expiration date of the license.
(2) A sheriff shall accept a completed renewal application,
the license renewal fee, and the 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, 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 shall expire five 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) and (3) of this section
when the circumstances described in those divisions apply to a
requested license renewal. If a sheriff denies the renewal of a
concealed handgun license, 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 concealed handgun license
under this section 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, or in the
case of an applicant from another state, to the sheriff of the
county that issued the applicant's previous concealed handgun
license 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 or who is not a resident of this state, 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 training on all of the following matters:
(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)(b) The ability to demonstrate and explain how to handle
ammunition in a safe manner;
(iii)(c) The ability to demonstrate the knowledge, skills,
and attitude necessary to shoot a handgun in a safe manner;
(iv)(d) Gun handling training.
(b) At least two hours of training;
(e) Training that consists of range time and live-fire
training;
(f) The locations where carrying a concealed handgun with a
valid license are prohibited.
(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.
(H) Upon deciding to issue a concealed handgun license,
deciding to issue a replacement concealed handgun license, or
deciding to renew a concealed handgun license 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 a printable version of the application form that can be
downloaded and 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. 2923.1210. The application for a concealed handgun
license or for the renewal of a license of that nature that is to
be used under section 2923.125 of the Revised Code shall conform
substantially to the following forms:
"Ohio Peace Officer Training Commission |
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APPLICATION FOR A LICENSE TO CARRY A CONCEALED HANDGUN |
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Please Type or Print in Ink |
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SECTION I. |
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This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE. |
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Social Security Number: ...............................
Street |
City |
State |
County |
Zip |
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............ |
............ |
............ |
........... |
............ |
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Mailing Address (If Different From Above):
Street |
City |
State |
Zip |
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............ |
............ |
............ |
.............. |
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Date of Birth |
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Place of Birth |
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Sex |
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Race |
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Residence Telephone |
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...../..../.... |
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............ |
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.... |
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..... |
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(...)......... |
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Country of Citizenship (If Not a United States Citizen):
...............................
Alien Registration Number (If Not a United States Citizen):
...............................
SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO
(1)(a) Are you legally living in the United States? |
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.... YES |
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.... NO |
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(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county? |
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.... YES |
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.... NO |
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(2) Are you at least twenty-one years of age? |
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.... YES |
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.... NO |
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(3) Are you a fugitive from justice? |
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.... YES |
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.... NO |
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(4) Are you under indictment for a felony crime punishable by imprisonment for a term exceeding one year, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you ever been convicted of or pleaded guilty to a felony crime punishable by imprisonment for a term exceeding one year, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you ever been adjudicated a delinquent child for committing an act that would be a felony crime punishable by imprisonment for a term exceeding one year if committed by an adult? |
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.... YES |
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.... NO |
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(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult? |
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.... YES |
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.... NO |
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(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult? |
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.... YES |
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.... NO |
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(7)(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest? |
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.... YES |
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.... NO |
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(8)(7)(a) Are you under indictment for or otherwise charged with assault or negligent assault? |
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.... YES |
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.... NO |
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(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application? |
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.... YES |
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.... NO |
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(c) Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer? |
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.... YES |
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.... NO |
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(9)(8)(a) Have you ever been adjudicated as a mental defective? |
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.... YES |
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.... NO |
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(b) Have you ever been committed to a mental institution? |
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.... YES |
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.... NO |
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(10)(9) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state that was issued after a hearing of which you received actual notice and at which you had an opportunity to participate and that restrains you from harassing, stalking, or threatening an intimate partner, a child of an intimate partner, or your own child, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the intimate partner or the child of the intimate partner and that includes a finding that you represent a credible threat to the physical safety of your intimate partner or child or by its terms includes an explicit prohibition against the use, attempted use, or threatened use of physical force against your intimate partner or a child of your intimate partner that would reasonably be expected to cause bodily injury? |
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.... YES |
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.... NO |
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(11)(10) Are you currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a concealed handgun license that previously was issued to you or to a similar suspension imposed by a court in another state regarding a concealed handgun license issued by that state? |
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.... YES |
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.... NO |
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(11) Do you certify that you are not an unlawful user of or addicted to any controlled substance as defined in 21 U.S.C. 802? |
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.... YES |
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.... NO |
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(12) If you are not a United States citizen and you are an alien, have you been admitted to the United States under a nonimmigrant visa, as defined in the "Immigration and Nationality Act," 8 U.S.C. 1101(a)(26)? |
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.... YES |
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.... NO |
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(13) Have you been discharged from the armed forces of the United States under dishonorable conditions? |
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.... YES |
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.... NO |
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(14) Do you certify that you have not renounced your United States citizenship? |
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.... YES |
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.... NO |
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(15) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing domestic violence? |
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.... YES |
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.... NO |
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SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT
AT THE END OF THIS SECTION.
Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
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YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT
AT THE END OF THIS SECTION.
(1) Have you previously applied in any county in Ohio or in any other state for a concealed handgun license? |
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.... YES |
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.... NO |
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(2) If your answer to the question in part (1) of this section of
the application is "yes," you must complete this part by listing
each county in Ohio, and each other state, in which you previously
applied for a license and, to the best of your knowledge, the date
on which you made the application.
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.
(1) I have read the pamphlet that explains the Ohio firearms laws,
that provides instruction in dispute resolution and explains
the Ohio laws related to that matter, and that provides
information regarding all aspects of the use of deadly force
with a firearm, and I am knowledgeable of the provisions of
those laws and of the information on those matters.
(2) I desire a legal means to carry a concealed handgun for
defense of myself or a member of my family while engaged in
lawful activity.
(3) I have never been convicted of or pleaded guilty to a crime of
violence in the state of Ohio or elsewhere (if you have been
convicted of or pleaded guilty to such a crime, but the
records of that conviction or guilty plea have been sealed or
expunged by court order or a court has granted relief
pursuant to section 2923.14 of the Revised Code or pursuant
to a similar statute in another state from the disability
imposed pursuant to section 2923.13 of the Revised Code or a
disability imposed by a court in another state relative to
that conviction or guilty plea, you may treat the conviction
or guilty plea for purposes of this paragraph as if it never
had occurred). I am of sound mind. I hereby certify that the
statements contained herein are true and correct to the best
of my knowledge and belief. I understand that if I knowingly
make any false statements herein I am subject to penalties
prescribed by law. I authorize the sheriff or the sheriff's
designee to inspect only those records or documents relevant
to information required for this application.
(4) The information contained in this application and all attached
documents are true and correct to the best of my knowledge.
"Ohio Peace Officer Training Commission |
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APPLICATION TO RENEW A LICENSE TO CARRY A CONCEALED HANDGUN |
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Please Type or Print in Ink |
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SECTION I. |
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This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE. |
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Social Security Number: ...............................
Street |
City |
State |
County |
Zip |
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............ |
............ |
............ |
........... |
............ |
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Mailing Address (If Different From Above):
Street |
City |
State |
Zip |
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............ |
............ |
............ |
.............. |
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Date of Birth |
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Place of Birth |
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Sex |
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Race |
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Residence Telephone |
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...../..../.... |
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............ |
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.... |
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..... |
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(...)......... |
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Country of Citizenship (If Not a United States Citizen):
...............................
Alien Registration Number (If Not a United States Citizen):
...............................
SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO
(1)(a) Are you legally living in the United States? |
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.... YES |
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.... NO |
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(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county? |
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.... YES |
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.... NO |
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(2) Are you at least twenty-one years of age? |
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.... YES |
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.... NO |
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(3) Are you a fugitive from justice? |
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.... YES |
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.... NO |
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(4) Are you under indictment for a felony crime punishable by imprisonment for a term exceeding one year, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you ever been convicted of or pleaded guilty to a felony crime punishable by imprisonment for a term exceeding one year, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you ever been adjudicated a delinquent child for committing an act that would be a felony crime punishable by imprisonment for a term exceeding one year if committed by an adult? |
|
.... YES |
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.... NO |
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(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult? |
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.... YES |
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.... NO |
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(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult? |
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.... YES |
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.... NO |
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(7)(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest? |
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.... YES |
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.... NO |
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(8)(7)(a) Are you under indictment for or otherwise charged with assault or negligent assault? |
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.... YES |
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.... NO |
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(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application? |
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.... YES |
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.... NO |
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(c) Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code or pursuant to a similar statute in another state, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer? |
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.... YES |
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.... NO |
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(9)(8)(a) Have you ever been adjudicated as a mental defective? |
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.... YES |
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.... NO |
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(b) Have you ever been committed to a mental institution? |
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.... YES |
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.... NO |
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(10)(9) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state that was issued after a hearing of which you received actual notice and at which you had an opportunity to participate and that restrains you from harassing, stalking, or threatening an intimate partner, a child of an intimate partner, or your own child, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the intimate partner or the child of the intimate partner and that includes a finding that you represent a credible threat to the physical safety of your intimate partner or child or by its terms includes an explicit prohibition against the use, attempted use, or threatened use of physical force against your intimate partner or a child of your intimate partner that would reasonably be expected to cause bodily injury? |
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.... YES |
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.... NO |
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(11)(10) Are you currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code or to a similar suspension imposed by a court in another state of a concealed handgun license that previously was issued to you? |
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.... YES |
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.... NO |
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(11) Do you certify that you are not an unlawful user of or addicted to any controlled substance as defined in 21 U.S.C. 802? |
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.... YES |
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.... NO |
|
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(12) If you are not a United States citizen and you are an alien, have you been admitted to the United States under a nonimmigrant visa, as defined in the "Immigration and Nationality Act," 8 U.S.C. 1101(a)(26)? |
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.... YES |
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.... NO |
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(13) Have you been discharged from the armed forces of the United States under dishonorable conditions? |
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.... YES |
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.... NO |
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(14) Do you certify that you have not renounced your United States citizenship? |
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.... YES |
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.... NO |
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(15) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing domestic violence? |
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.... YES |
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.... NO |
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SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU LAST
APPLIED FOR AN OHIO CONCEALED HANDGUN LICENSE THROUGH THE TIME YOU
COMMENCED YOUR RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II
OF THIS FORM, AND THE DATES OF RESIDENCE AT EACH OF THOSE
ADDRESSES. IF YOU NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET
WITH THE RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND
NOTE THE ATTACHMENT AT THE END OF THIS SECTION.
Street |
City |
State |
County |
Zip |
|
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
| |
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
| |
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
| |
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
| |
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YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT
AT THE END OF THIS SECTION.
(1) Have you previously applied in any county in Ohio or in any other state for a concealed handgun license? |
|
.... YES |
|
.... NO |
|
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(2) If your answer to the question in part (1) of this section of
the application is "yes," you must complete this part by listing
each county in Ohio, and each other state, in which you previously
applied for a license and, to the best of your knowledge, the date
on which you made the application.
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.
(1) I have read the pamphlet that explains the Ohio firearms laws,
that provides instruction in dispute resolution and explains
the Ohio laws related to that matter, and that provides
information regarding all aspects of the use of deadly force
with a firearm, and I am knowledgeable of the provisions of
those laws and of the information on those matters.
(2) I desire a legal means to carry a concealed handgun for
defense of myself or a member of my family while engaged in
lawful activity.
(3) I have never been convicted of or pleaded guilty to a crime of
violence in the state of Ohio or elsewhere (if you have been
convicted of or pleaded guilty to such a crime, but the
records of that conviction or guilty plea have been sealed or
expunged by court order or a court has granted relief
pursuant to section 2923.14 of the Revised Code or a similar
statute in another state from the disability imposed pursuant
to section 2923.13 of the Revised Code or from a disability
imposed by a court in another state relative to that
conviction or guilty plea, you may treat the conviction or
guilty plea for purposes of this paragraph as if it never had
occurred). I am of sound mind. I hereby certify that the
statements contained herein are true and correct to the best
of my knowledge and belief. I understand that if I knowingly
make any false statements herein I am subject to penalties
prescribed by law. I authorize the sheriff or the sheriff's
designee to inspect only those records or documents relevant
to information required for this application.
(4) The information contained in this application and all attached
documents are true and correct to the best of my knowledge.
Sec. 2923.1213. (A) As used in this section:
(1) "Evidence of imminent danger" means any of the following:
(a) A statement sworn by the person seeking to carry a
concealed handgun that is made under threat of perjury and that
states that the person has reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed;
(b) A written document prepared by a governmental entity or
public official describing the facts that give the person seeking
to carry a concealed handgun reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed. Written documents
of this nature include, but are not limited to, any temporary
protection order, civil protection order, protection order issued
by another state, or other court order, any court report, and any
report filed with or made by a law enforcement agency or
prosecutor.
(2) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(B)(1) A person seeking a concealed handgun license on a
temporary emergency basis shall submit to the sheriff of the
county in which the person resides or in the case of a person who
usually resides in another state, to the sheriff of the county in
which the person is temporarily staying all of the following:
(a) Evidence of imminent danger to the person or a member of
the person's family;
(b) A sworn affidavit that contains all of the information
required to be on the license and attesting that the person is
legally living in the United States; is at least twenty-one years
of age; is not a fugitive from justice; is not under indictment
for or otherwise charged with an offense identified in division
(D)(1)(d) of section 2923.125 of the Revised Code; has not been
convicted of or pleaded guilty to an offense, and has not been
adjudicated a delinquent child for committing an act, identified
in division (D)(1)(e) of that section and to which division (B)(3)
of this section does not apply; within three years of the date of
the submission, has not been convicted of or pleaded guilty to an
offense, and has not been adjudicated a delinquent child for
committing an act, identified in division (D)(1)(f) of that
section and to which division (B)(3) of this section does not
apply; within five years of the date of the submission, has not
been convicted of, pleaded guilty, or adjudicated a delinquent
child for committing two or more violations identified in division
(D)(1)(g) of that section; within ten years of the date of the
submission, has not been convicted of, pleaded guilty, or
adjudicated a delinquent child for committing a violation
identified in division (D)(1)(h) of that section and to which
division (B)(3) of this section does not apply; 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 described in division (D)(1)(i) of
that section; is not currently subject to a civil protection
order, a temporary protection order, or a protection order issued
by a court of another state, as described in division (D)(1)(j) of
that section; and is not currently subject to a suspension imposed
under division (A)(2) of section 2923.128 of the Revised Code of a
concealed handgun license that previously was issued to the person
or a similar suspension imposed by another state regarding a
concealed handgun license issued by that state; is not an unlawful
user of or addicted to any controlled substance as defined in 21
U.S.C. 802; is an alien and has not been admitted to the United
States under a nonimmigrant visa, as defined in the "Immigration
and Nationality Act," 8 U.S.C. 1101(a)(26); has not been
discharged from the armed forces of the United States under
dishonorable conditions; has not renounced the applicant's United
States citizenship; and has not been convicted of, pleaded guilty
to, or been adjudicated a delinquent child for committing a
violation identified in division (D)(1)(r) of section 2923.125 of
the Revised Code;
(c) A nonrefundable temporary emergency 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 fifteen dollars plus the actual
cost of having a background check performed by the bureau of
criminal identification and investigation pursuant to section
311.41 of the Revised Code;
(ii) For an applicant who has been a resident of this state
for less than five years or who is not a resident of this state, a
fee of fifteen dollars plus the actual cost of having background
checks performed by the federal bureau of investigation and the
bureau of criminal identification and investigation pursuant to
section 311.41 of the Revised Code.
(d) 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 an electronic fingerprint reading
device, on a standard impression sheet prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code. If the
fingerprints are provided on a standard impression sheet, the
person also shall provide the person's social security number to
the sheriff.
(2) A sheriff shall accept the evidence of imminent danger,
the sworn affidavit, the fee, and the set of fingerprints required
under division (B)(1) of this section at the times and in the
manners described in division (I) of this section. Upon receipt of
the evidence of imminent danger, the sworn affidavit, the fee, and
the set of fingerprints required under division (B)(1) of this
section, the sheriff, in the manner specified in section 311.41 of
the Revised Code, immediately 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. Immediately
upon receipt of the results of the records checks, the sheriff
shall review the information and shall determine whether the
criteria set forth in divisions (D)(1)(a) to (j) and (m) to (r) of
section 2923.125 of the Revised Code apply regarding the person.
If the sheriff determines that all of criteria set forth in
divisions (D)(1)(a) to (j) and (m) to (r) of section 2923.125 of
the Revised Code apply regarding the person, the sheriff shall
immediately make available through the law enforcement automated
data system all information that will be contained on the
temporary emergency license for the person if one is issued, and
the superintendent of the state highway patrol shall ensure that
the system is so configured as to permit the transmission through
the system of that information. Upon making that information
available through the law enforcement automated data system, the
sheriff shall immediately issue to the person a concealed handgun
license on a temporary emergency basis.
If the sheriff denies the issuance of a license on a
temporary emergency basis to the person, the sheriff shall specify
the grounds for the denial in a written notice to the person. The
person may appeal the denial, or challenge criminal records check
results that were the basis of the denial if applicable, in the
same manners specified in division (D)(2) of section 2923.125 and
in section 2923.127 of the Revised Code, regarding the denial of
an application for a concealed handgun license under that section.
The license on a temporary emergency basis issued under this
division shall be in the form, and shall include all of the
information, described in divisions (A)(2) and (5) of section
109.731 of the Revised Code, and also shall include a unique
combination of identifying letters and numbers in accordance with
division (A)(4) of that section.
The license on a temporary emergency basis issued under this
division is valid for ninety days and may not be renewed. A person
who has been issued a license on a temporary emergency basis under
this division shall not be issued another license on a temporary
emergency basis unless at least four years has expired since the
issuance of the prior license on a temporary emergency basis.
(3) If a person seeking a concealed handgun license on a
temporary emergency basis has 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 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 of the Revised Code or a court in another state
has ordered the sealing or expungement of the records of that
conviction, guilty plea, or adjudication of a similar violation in
another state pursuant to the laws of that state or a court has
granted the applicant relief pursuant to section 2923.14 of the
Revised Code or pursuant to a similar statute in another state
from the disability imposed pursuant to section 2923.13 of the
Revised Code or from a disability imposed by a court in another
state relative to that conviction, guilty plea, or adjudication,
the conviction, guilty plea, or adjudication shall not be relevant
for purposes of the sworn affidavit described in division
(B)(1)(b) of this section, and the person may complete, and swear
to the truth of, the affidavit as if the conviction, guilty plea,
or adjudication never had occurred.
(4) The sheriff shall waive the payment pursuant to division
(B)(1)(c) of this section of the license fee in connection with an
application 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.
The sheriff shall deposit all fees paid by an applicant under
division (B)(1)(c) of this section into the sheriff's concealed
handgun license issuance fund established pursuant to section
311.42 of the Revised Code.
(C) A person who holds a concealed handgun license on a
temporary emergency basis has the same right to carry a concealed
handgun as a person who was issued a concealed handgun license
under section 2923.125 of the Revised Code, and any exceptions to
the prohibitions contained in section 1547.69 and sections 2923.12
to 2923.16 of the Revised Code for a licensee under section
2923.125 of the Revised Code apply to a licensee under this
section. The person is subject to the same restrictions, and to
all other procedures, duties, and sanctions, that apply to a
person who carries a license issued under section 2923.125 of the
Revised Code, other than the license renewal procedures set forth
in that section.
(D) A sheriff who issues a concealed handgun license on a
temporary emergency basis under this section shall not require a
person seeking to carry a concealed handgun in accordance with
this section to submit a competency certificate as a prerequisite
for issuing the license and shall comply with division (H) of
section 2923.125 of the Revised Code in regards to the license.
The sheriff shall suspend or revoke the license in accordance with
section 2923.128 of the Revised Code. In addition to the
suspension or revocation procedures set forth in section 2923.128
of the Revised Code, the sheriff may revoke the license upon
receiving information, verifiable by public documents, that the
person is not eligible to possess a firearm under either the laws
of this state or of the United States or that the person committed
perjury in obtaining the license; if the sheriff revokes a license
under this additional authority, the sheriff shall notify the
person, by certified mail, return receipt requested, at the
person's last known residence address that the license has been
revoked and that the person is required to surrender the license
at the sheriff's office within ten days of the date on which the
notice was mailed. Division (H) of section 2923.125 of the Revised
Code applies regarding any suspension or revocation of a concealed
handgun license on a temporary emergency basis.
(E) A sheriff who issues a concealed handgun license on a
temporary emergency basis under this section shall retain, for the
entire period during which the license is in effect, the evidence
of imminent danger that the person submitted to the sheriff and
that was the basis for the license, or a copy of that evidence, as
appropriate.
(F) If a concealed handgun license on a temporary emergency
basis 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.
(G) The Ohio peace officer training commission shall
prescribe, and shall make available to sheriffs, a standard form
to be used under division (B) of this section by a person who
applies for a concealed handgun license on a temporary emergency
basis on the basis of imminent danger of a type described in
division (A)(1)(a) of this section.
(H) A sheriff who receives any fees paid by a person under
this section shall deposit all fees so paid into the sheriff's
concealed handgun license issuance expense fund established under
section 311.42 of the Revised Code.
(I) A sheriff shall accept evidence of imminent danger, a
sworn affidavit, the fee, and the set of fingerprints specified in
division (B)(1) of this section at any time during normal business
hours. In no case shall a sheriff require an appointment, or
designate a specific period of time, for the submission or
acceptance of evidence of imminent danger, a sworn affidavit, the
fee, and the set of fingerprints specified in division (B)(1) of
this section, or for the provision to any person of a standard
form to be used for a person to apply for a concealed handgun
license on a temporary emergency basis.
Sec. 2923.13. (A) Unless relieved from disability as
provided in section 2923.14 of the Revised Code, no person shall
knowingly acquire, have, carry, or use any firearm or dangerous
ordnance, if any of the following apply:
(1) The person is a fugitive from justice.
(2) The person is under indictment for or has been convicted
of any felony offense of violence a crime punishable by
imprisonment for a term exceeding one year or has been adjudicated
a delinquent child for the commission of an offense that, if
committed by an adult, would have been a felony offense of
violence a crime punishable by imprisonment for a term exceeding
one year.
(3) The person is under indictment for or has been convicted
of any felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse
or has been adjudicated a delinquent child for the commission of
an offense that, if committed by an adult, would have been a
felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse.
(4) The person is drug dependent, in danger of drug
dependence, or a chronic alcoholic.
(5)(4) The person is under adjudication of mental
incompetence, has been adjudicated as a mental defective, has been
committed to a mental institution, has been found by a court to be
a mentally ill person subject to hospitalization by court order,
or is 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.
(5) It would be unlawful under 18 U.S.C. 922(g) or any other
federal law for the person to possess a firearm or dangerous
ordnance.
(B) Whoever violates this section is guilty of having weapons
while under disability, a felony of the third degree.
Sec. 2923.14. (A) Any person who is prohibited from
acquiring, having, carrying, or using firearms may apply to the
court of common pleas in the county in which the person resides
for relief from such prohibition.
(B) The application shall recite the following:
(1) All indictments, convictions, or adjudications upon which
the applicant's disability is based, the sentence imposed and
served, and any release granted under a community control
sanction, post-release control sanction, or parole, any partial or
conditional pardon granted, or other disposition of each case, or,
if the disability is based upon a factor other than an indictment,
a conviction, or an adjudication, the factor upon which the
disability is based and all details related to that factor;
(2) Facts showing the applicant to be a fit subject for
relief under this section.
(C) A copy of the application shall be served on the county
prosecutor. The county prosecutor shall cause the matter to be
investigated and shall raise before the court any objections to
granting relief that the investigation reveals.
(D) Upon hearing, the court may grant the applicant relief
pursuant to this section, if all of the following apply:
(1) One of the following applies:
(a) If the disability is based upon an indictment, a
conviction, or an adjudication, the applicant has been fully
discharged from imprisonment, community control, post-release
control, and parole, or, if the applicant is under indictment, has
been released on bail or recognizance.
(b) If the disability is based upon a factor other than an
indictment, a conviction, or an adjudication, that factor no
longer is applicable to the applicant.
(2) The applicant has led a law-abiding life since discharge
or release, and appears likely to continue to do so.
(3) The applicant is not otherwise prohibited by law from
acquiring, having, or using firearms.
(E) Costs of the proceeding shall be charged as in other
civil cases, and taxed to the applicant.
(F) Relief from disability granted pursuant to this section
restores the applicant to all civil firearm rights to the full
extent enjoyed by any citizen, and is subject to the following
conditions:
(1) Applies only with respect to indictments, convictions, or
adjudications, or to the other factor, recited in the application
as the basis for the applicant's disability;
(2) Applies only with respect to firearms lawfully acquired,
possessed, carried, or used by the applicant;
(3) May be revoked by the court at any time for good cause
shown and upon notice to the applicant;
(4) Is automatically void upon commission by the applicant of
any offense set forth in division (A)(2) or (3) of section 2923.13
of the Revised Code, or upon the applicant's becoming one of the
class of persons named in division (A)(1), (4)(3), or (5)(4) of
that section.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.
Section 2. That existing sections 109.69, 109.85, 109.86,
311.41, 2901.09, 2917.11, 2917.31, 2923.11, 2923.125, 2923.1210,
2923.1213, 2923.13, and 2923.14 of the Revised Code are hereby
repealed.
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