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Am. Sub. H. B. No. 234 As Enrolled
(130th General Assembly)
(Amended Substitute House Bill Number 234)
AN ACT
To amend sections 109.69, 109.731, 311.41, 311.42,
2923.11, 2923.124, 2923.125, 2923.126, 2923.128,
2923.1213, 2923.13, 2923.17, 2929.14, and
2941.144, to enact sections 311.43 and 1533.04,
and to repeal sections 2923.1210 and 2923.22 of
the Revised Code to revise the law governing
firearms.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.69, 109.731, 311.41, 311.42,
2923.11, 2923.124, 2923.125, 2923.126, 2923.128, 2923.1213,
2923.13, 2923.17, 2929.14, and 2941.144 be amended and sections
311.43 and 1533.04 of the Revised Code be enacted to read as
follows:
Sec. 109.69. (A)(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, except as provided in
division (B) of this section, 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 license-issuing state recognizes a concealed handgun
license issued under section 2923.125 of the Revised Code.
(2) A reciprocity agreement entered into under division
(A)(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)(1) If, on or after the effective date of this amendment,
a person who is a resident of this state has a valid concealed
handgun license that was issued by another license-issuing state
that has entered into a reciprocity agreement with the attorney
general under division (A)(1) of this section or the attorney
general determines that 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, the
license issued by the other license-issuing state shall be
recognized in this state, shall be accepted and valid in this
state, and grants the person the same right to carry a concealed
handgun in this state as a person who was issued a concealed
handgun license under section 2923.125 of the Revised Code.
(2) If, on or after the effective date of this amendment, a
person who is a resident of this state has a valid concealed
handgun license that was issued by another license-issuing state
that has not entered into a reciprocity agreement with the
attorney general under division (A)(1) of this section, the
license issued by the other license-issuing state shall be
recognized in this state, shall be accepted and valid in this
state, and grants the person the same right to carry a concealed
handgun in this state as a person who was issued a concealed
handgun license under section 2923.125 of the Revised Code for a
period of six months after the person became a resident of this
state. After that six-month period, if the person wishes to obtain
a concealed handgun license, the person shall apply for a
concealed handgun license pursuant to section 2923.125 of the
Revised Code.
(3) If, on or after the effective date of this amendment, a
person who is not a resident of this state has a valid concealed
handgun license that was issued by another license-issuing state,
regardless of whether the other license-issuing state has entered
into a reciprocity agreement with the attorney general under
division (A)(1) of this section, and the person is temporarily in
this state, during the time that the person is temporarily in this
state the license issued by the other license-issuing state shall
be recognized in this state, shall be accepted and valid in this
state, and grants the person the same right to carry a concealed
handgun in this state as a person who was issued a concealed
handgun license under section 2923.125 of the Revised Code.
(C) The attorney general shall publish each determination
described in division (B)(1) of this section that the attorney
general makes in the same manner that written agreements entered
into under division (A)(1) or (2) of this section are published.
(D) As used in this section:
(1) "Handgun," and "concealed handgun license," and "valid
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. 109.731. (A)(1) The Ohio peace officer training
commission attorney general shall prescribe, and shall make
available to sheriffs, all of the following:
(1) An an application form that is to be used under section
2923.125 of the Revised Code by a person who applies for a
concealed handgun license and an application form that is to be
used under section 2923.125 of the Revised Code by a person who
applies for the renewal of a license of that nature, both of which
shall conform substantially to the forms prescribed in section
2923.1210 of the Revised Code;
(2) A. The attorney general shall design the form to enable
applicants to provide the information that is required by law to
be collected, and shall update the form as necessary. Burdens or
restrictions to obtaining a concealed handgun license that are not
expressly prescribed in law shall not be incorporated into the
form. The attorney general shall post a printable version of the
form on the web site of the attorney general and shall provide the
address of the web site to any person who requests the form.
(2) The Ohio peace officer training commission shall
prescribe, and shall make available to sheriffs, all of the
following:
(a) A form for the concealed handgun license that is to be
issued by sheriffs to persons who qualify for a concealed handgun
license under section 2923.125 of the Revised Code and that
conforms to the following requirements:
(a)(i) It has space for the licensee's full name, residence
address, and date of birth and for a color photograph of the
licensee.
(b)(ii) It has space for the date of issuance of the license,
its expiration date, its county of issuance, the name of the
sheriff who issues the license, and the unique combination of
letters and numbers that identify the county of issuance and the
license given to the licensee by the sheriff in accordance with
division (A)(4)(2)(c) of this section.
(c)(iii) It has space for the signature of the licensee and
the signature or a facsimile signature of the sheriff who issues
the license.
(d)(iv) It does not require the licensee to include serial
numbers of handguns, other identification related to handguns, or
similar data that is not pertinent or relevant to obtaining the
license and that could be used as a de facto means of registration
of handguns owned by the licensee.
(3)(b) A series of three-letter county codes that identify
each county in this state;
(4)(c) A procedure by which a sheriff shall give each
concealed handgun license, replacement concealed handgun license,
or renewal concealed handgun license and each concealed handgun
license on a temporary emergency basis or replacement license on a
temporary emergency basis the sheriff issues under section
2923.125 or 2923.1213 of the Revised Code a unique combination of
letters and numbers that identifies the county in which the
license was issued and that uses the county code and a unique
number for each license the sheriff of that county issues;
(5)(d) A form for a concealed handgun license on a temporary
emergency basis that is to be issued by sheriffs to persons who
qualify for such a license under section 2923.1213 of the Revised
Code, which form shall conform to all the requirements set forth
in divisions (A)(2)(a)(i) to (d)(iv) of this section and shall
additionally conspicuously specify that the license is issued on a
temporary emergency basis and the date of its issuance.
(B)(1) The Ohio peace officer training commission, in
consultation with the attorney general, shall prepare a pamphlet
that does all of the following, in everyday language:
(a) Explains the firearms laws of this state;
(b) Instructs the reader in dispute resolution and explains
the laws of this state related to that matter;
(c) Provides information to the reader regarding all aspects
of the use of deadly force with a firearm, including, but not
limited to, the steps that should be taken before contemplating
the use of, or using, deadly force with a firearm, possible
alternatives to using deadly force with a firearm, and the law
governing the use of deadly force with a firearm.
(2) The attorney general shall consult with and assist the
commission in the preparation of the pamphlet described in
division (B)(1) of this section and, as necessary, shall recommend
to the commission changes in the pamphlet to reflect changes in
the law that are relevant to it. The attorney general shall
publish the pamphlet on the web site of the attorney general and
shall provide the address of the web site to any person who
requests the pamphlet.
(C) The Ohio peace officer training commission shall maintain
statistics with respect to the issuance, renewal, suspension,
revocation, and denial of concealed handgun licenses under section
2923.125 of the Revised Code and the suspension of processing of
applications for those licenses, and with respect to the issuance,
suspension, revocation, and denial of concealed handgun licenses
on a temporary emergency basis under section 2923.1213 of the
Revised Code, as reported by the sheriffs pursuant to division (C)
of section 2923.129 of the Revised Code. Not later than the first
day of March in each year, the commission shall submit a
statistical report to the governor, the president of the senate,
and the speaker of the house of representatives indicating the
number of concealed handgun licenses that were issued, renewed,
suspended, revoked, and denied under section 2923.125 of the
Revised Code in the previous calendar year, the number of
applications for those licenses for which processing was suspended
in accordance with division (D)(3) of that section in the previous
calendar year, and the number of concealed handgun licenses on a
temporary emergency basis that were issued, suspended, revoked, or
denied under section 2923.1213 of the Revised Code in the previous
calendar year. Nothing in the statistics or the statistical report
shall identify, or enable the identification of, any individual
who was issued or denied a license, for whom a license was
renewed, whose license was suspended or revoked, or for whom
application processing was suspended. The statistics and the
statistical report are public records for the purpose of section
149.43 of the Revised Code.
(D) As used in this section, "concealed handgun license" and
"handgun" have the same meanings as in section 2923.11 of the
Revised Code.
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 any such criminal records check, the sheriff
shall contact the national instant criminal background check
system to verify that the applicant is eligible lawfully to
receive or possess a firearm in the United States. 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. 311.42. (A) Each county shall establish in the county
treasury a sheriff's concealed handgun license issuance expense
fund. The sheriff of that county shall deposit into that fund all
fees paid by applicants for the issuance or renewal of a concealed
handgun license or duplicate concealed handgun license under
section 2923.125 of the Revised Code and all fees paid by the
person seeking a concealed handgun license on a temporary
emergency basis under section 2923.1213 of the Revised Code. The
county shall distribute all fees deposited into the fund except
forty dollars of each fee paid by an applicant under division (B)
of section 2923.125 of the Revised Code, fifteen dollars of each
fee paid under section 2923.1213 of the Revised Code, and
thirty-five dollars of each fee paid under division (F) of section
2923.125 of the Revised Code to the attorney general to be used to
pay the cost of background checks performed by the bureau of
criminal identification and investigation and the federal bureau
of investigation and to cover administrative costs associated with
issuing the license.
(B) The sheriff, with the approval of the board of county
commissioners, may expend any county portion of the fees deposited
into the sheriff's concealed handgun license issuance expense fund
for any costs incurred by the sheriff in connection with
performing any administrative functions related to the issuance of
concealed handgun licenses under section 2923.125 or 2923.1213 of
the Revised Code, including, but not limited to, personnel
expenses and the any costs of any handgun associated with a
firearm safety education program, or a firearm training or
qualification program that the sheriff chooses to fund.
Additionally, the sheriff, with the approval of the board of
county commissioners, may expend any county portion of the fees
deposited into the sheriff's concealed handgun license issuance
expense fund for costs of ammunition used in a course, class, or
program administered by the sheriff for a concealed handgun
license.
Sec. 311.43. (A) As used in this section:
(1) "Certification" means the participation and assent of the
chief law enforcement officer necessary under federal law for the
approval of an application to make or transfer a firearm.
(2) "Chief law enforcement officer" means any official the
bureau of alcohol, tobacco, firearms, and explosives, or any
successor agency, identifies by regulation or otherwise as
eligible to provide any required certification for the making or
transfer of a firearm.
(3) "Concealed handgun license" has the same meaning as in
section 2923.11 of the Revised Code.
(B) A resident of this state may submit to the sheriff of the
county in which the resident resides or to the sheriff of any
county adjacent to the county in which the resident resides any
federal form that requires a law enforcement certification by a
chief law enforcement officer.
(C) The sheriff shall accept and process the certification in
the same manner as an application for a concealed handgun license
is processed under section 2923.125 of the Revised Code, including
the requirement for a background check, except as follows:
(1) If a resident of this state submits one or more federal
forms, the sheriff shall charge the resident no more than the
applicable fee described in division (B)(1)(a) of section 2923.125
of the Revised Code, without regard to how many federal forms are
submitted at the same time.
(2) If a resident of this state submits one or more federal
forms and currently has a concealed handgun license or the sheriff
has previously approved a federal form for that resident, the
sheriff shall charge the resident no more than the applicable fee
described in division (F)(4) of section 2923.125 of the Revised
Code, without regard to how many federal forms are submitted at
the same time.
Sec. 1533.04. (A) A person who holds a valid hunting license
issued under this chapter and who hunts game birds or wild
quadrupeds may use a suppressor attached to a gun that is
authorized to be used for hunting by section 1533.16 of the
Revised Code while hunting, provided that the person is authorized
to possess the suppressor under state and federal laws and has
registered the suppressor in accordance with the "National
Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5841, et seq., as
amended.
(B) As used in this section, "suppressor" means any device
used for diminishing the sound of any shot, bullet, or projectile
that is discharged from a gun that is authorized to be used for
hunting by section 1533.16 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 suppressor;
(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) "Misdemeanor 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) "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. 2923.124. As used in sections 2923.124 to 2923.1213 of
the Revised Code:
(A) "Application form" means the application form prescribed
pursuant to division (A)(1) of section 109.731 of the Revised Code
and includes a copy of that form.
(B) "Competency certification" and "competency certificate"
mean a document of the type described in division (B)(3) of
section 2923.125 of the Revised Code.
(C) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(D) "Licensee" means a person to whom a concealed handgun
license has been issued under section 2923.125 of the Revised Code
and, except when the context clearly indicates otherwise, includes
a person to whom a concealed handgun license on a temporary
emergency basis has been issued under section 2923.1213 of the
Revised Code and a person to whom a concealed handgun license has
been issued by another state.
(E) "License fee" or "license renewal fee" means the fee for
a concealed handgun license or the fee to renew that license that
is prescribed pursuant to division (C) of section 109.731 of the
Revised Code and that is to be paid by an applicant for a license
of that type.
(F) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(G) "State correctional institution" has the same meaning as
in section 2967.01 of the Revised Code.
(H) "Civil protection order" means a protection order issued,
or consent agreement approved, under section 2903.214 or 3113.31
of the Revised Code.
(I) "Temporary protection order" means a protection order
issued under section 2903.213 or 2919.26 of the Revised Code.
(J) "Protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.
(K) "Child day-care center," "type A family day-care home"
and "type B family day-care home" have the same meanings as in
section 5104.01 of the Revised Code.
(L) "Foreign air transportation," "interstate air
transportation," and "intrastate air transportation" have the same
meanings as in 49 U.S.C. 40102, as now or hereafter amended.
(M) "Commercial motor vehicle" has the same meaning as in
division (A) of section 4506.25 of the Revised Code.
(N) "Motor carrier enforcement unit" has the same meaning as
in section 2923.16 of the Revised Code.
Sec. 2923.125. (A) It is the intent of the general assembly
that Ohio concealed handgun license law be compliant with the
national instant criminal background check system, that the bureau
of alcohol, tobacco, firearms and explosives is able to determine
that Ohio law is compliant with the national instant criminal
background check system, and that no person shall be eligible to
receive a concealed handgun license permit under section 2923.125
or 2923.1213 of the Revised Code unless the person is eligible
lawfully to receive or possess a firearm in the United States.
(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 who is a resident of this state
shall submit a completed application form and all of the following
material and information described in divisions (B)(1) to (6) of
this section 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. An applicant for a license who
resides in another state shall submit a completed application form
and all of the material and information described in divisions
(B)(1) to (7) of this section to the sheriff of the county in
which the applicant is employed or to the sheriff of any county
adjacent to the county in which the applicant is employed:
(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,
but who is employed in 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 ten years
immediately preceding the application the honorable discharge or
retirement to which the competency certification relates occurred:
(a) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that was offered by or
under the auspices of the a national rifle association gun
advocacy organization 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 a national rifle association gun advocacy organization, 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, has retired from or 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
a national rifle association gun advocacy organization, 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;
(g) A document that evidences that the applicant has
successfully completed the Ohio peace officer training program
described in section 109.79 of the Revised Code.
(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 or national 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.
(7) If the applicant resides in another state, adequate proof
of employment in Ohio.
(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; a misdemeanor offense of violence; or a violation
of section 2903.14 or 2923.1211 of the Revised Code.
(e) Except as otherwise provided in division (D)(4) or (5) of
this section, the applicant has not been convicted of or pleaded
guilty to a felony or an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse; has not been adjudicated a delinquent child for
committing an act that if committed by an adult would be a felony
or would be an offense under Chapter 2925., 3719., or 4729. of the
Revised Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse; and has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2903.13 of the Revised Code when the victim of the
violation is a peace officer, regardless of whether the applicant
was sentenced under division (C)(4) of that section; and has not
been convicted of, pleaded guilty to, or adjudicated a delinquent
child for committing any other offense that is not previously
described in this division that is a misdemeanor punishable by
imprisonment for a term exceeding one year.
(f) Except as otherwise provided in division (D)(4) or (5) of
this section, the applicant, within three years of the date of the
application, has not been convicted of or pleaded guilty to a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer, or a misdemeanor violation of section 2923.1211 of
the Revised Code; and has not been adjudicated a delinquent child
for committing an act that if committed by an adult would be a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer or for committing an act that if committed by an
adult would be a misdemeanor violation of section 2923.1211 of the
Revised Code.
(g) Except as otherwise provided in division (D)(1)(e) of
this section, the applicant, within five years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing two or more
violations of section 2903.13 or 2903.14 of the Revised Code.
(h) Except as otherwise provided in division (D)(4) or (5) of
this section, the applicant, within ten years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2921.33 of the Revised Code.
(i) The applicant has not been adjudicated as a mental
defective, has not been committed to any mental institution, is
not under adjudication of mental incompetence, has not been found
by a court to be a mentally ill person subject to hospitalization
by court order, and is not an involuntary patient other than one
who is a patient only for purposes of observation. As used in this
division, "mentally ill person subject to hospitalization by court
order" and "patient" have the same meanings as in section 5122.01
of the Revised Code.
(j) The applicant is not currently subject to a civil
protection order, a temporary protection order, or a protection
order issued by a court of another state.
(k) The applicant certifies that the applicant desires a
legal means to carry a concealed handgun for defense of the
applicant or a member of the applicant's family while engaged in
lawful activity.
(l) The applicant submits a competency certification of the
type described in division (B)(3) of this section and submits a
certification of the type described in division (B)(4) of this
section regarding the applicant's reading of the pamphlet prepared
by the Ohio peace officer training commission pursuant to section
109.731 of the Revised Code.
(m) The applicant currently is not subject to a suspension
imposed under division (A)(2) of section 2923.128 of the Revised
Code of a 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) If the applicant resides in another state, the applicant
is employed in this state.
(o) 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.
(p) 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).
(q) The applicant has not been discharged from the armed
forces of the United States under dishonorable conditions.
(r) The applicant certifies that the applicant has not
renounced the applicant's United States citizenship, if
applicable.
(s) 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
(c) If the court in an appeal under section 119.12 of the
Revised Code and this division (D)(2)(b) of this section 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 has
granted the applicant relief pursuant to section 2923.14 of the
Revised Code has been relieved under operation of law or legal
process from the disability imposed pursuant to section 2923.13 of
the Revised Code relative to that conviction, guilty plea, or
adjudication, the sheriff with whom the application was submitted
shall not consider the conviction, guilty plea, or adjudication in
making a determination under division (D)(1) or (F) of this
section or, in relation to an application for a 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.
(5) If an applicant has been convicted of or pleaded guilty
to a minor misdemeanor offense or has been adjudicated a
delinquent child for committing an act or violation that is a
minor misdemeanor offense, 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 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, or in the case of a applicant who
resides in another state with the sheriff of the county that
issued the applicant's previous concealed handgun license 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 person on active duty in the armed forces of the United
States or in service with the peace corps, volunteers in service
to America, or the foreign service of the United States is exempt
from the license requirements of this section for the period of
the person's active duty or service and for six months thereafter,
provided the person was a licensee under this section at the time
the person commenced the person's active duty or service or had
obtained a license while on active duty or service. The spouse or
a dependent of any such person on active duty or in service also
is exempt from the license requirements of this section for the
period of the person's active duty or service and for six months
thereafter, provided the spouse or dependent was a licensee under
this section at the time the person commenced the active duty or
service or had obtained a license while the person was on active
duty or service, and provided further that the person's active
duty or service resulted in the spouse or dependent relocating
outside of this state during the period of the active duty or
service. This division does not prevent such a person or the
person's spouse or dependent from making an application for the
renewal of a concealed handgun license during the period of the
person's active duty or service.
(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 who resides in 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
but who is employed in this state, a fee of fifty dollars plus the
actual cost of having a background check performed by the federal
bureau of investigation.
(5) The concealed handgun license of a licensee who is no
longer a resident of this state or no longer employed in this
state, as applicable, is valid until the date of expiration on the
license, and the licensee is prohibited from renewing the
concealed handgun license.
(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
eight hours of training in the safe handling and use of a firearm
that shall include training, provided as described in division
(G)(3) of this section, on all of the following:
(a) At least ten hours of training on the following matters:
(i) The ability to name, explain, and demonstrate the rules
for safe handling of a handgun and proper storage practices for
handguns and ammunition;
(ii)(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 (e) A minimum of two hours of in-person training
that consists of range time and live-fire training.
(2) To satisfactorily complete the course, class, or program
described in division (B)(3)(a), (b), (c), or (e) of this section,
the applicant shall pass a competency examination that shall
include both of the following:
(a) A written section, provided as described in division
(G)(3) of this 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 An in-person 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)(a) Except as otherwise provided in this division, the
training specified in division (G)(1)(a) of this section shall be
provided to the person receiving the training in person by an
instructor. If the training specified in division (G)(1)(a) of
this section is provided by a course, class, or program described
in division (B)(3)(a) of this section, or it is provided by a
course, class, or program described in division (B)(3)(b), (c), or
(e) of this section and the instructor is a qualified instructor
certified by a national gun advocacy organization, the training so
specified, other than the training that requires the person
receiving the training to demonstrate handling abilities, may be
provided online or as a combination of in-person and online
training, as long as the online training includes an interactive
component that regularly engages the person.
(b) Except as otherwise provided in this division, the
written section of the competency examination specified in
division (G)(2)(a) of this section shall be administered to the
person taking the competency examination in person by an
instructor. If the training specified in division (G)(1)(a) of
this section is provided to the person receiving the training by a
course, class, or program described in division (B)(3)(a) of this
section, or it is provided by a course, class, or program
described in division (B)(3)(b), (c), or (e) of this section and
the instructor is a qualified instructor certified by a national
gun advocacy organization, the written section of the competency
examination specified in division (G)(2)(a) of this section may be
administered online, as long as the online training includes an
interactive component that regularly engages the person.
(4) 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. 2923.126. (A) A concealed handgun license that is
issued under section 2923.125 of the Revised Code shall expire
five years after the date of issuance. A licensee who has been
issued a license under that section shall be granted a grace
period of thirty days after the licensee's license expires during
which the licensee's license remains valid. Except as provided in
divisions (B) and (C) of this section, a licensee who has been
issued a concealed handgun license under section 2923.125 or
2923.1213 of the Revised Code may carry a concealed handgun
anywhere in this state if the licensee also carries a valid
license and valid identification when the licensee is in actual
possession of a concealed handgun. The licensee shall give notice
of any change in the licensee's residence address to the sheriff
who issued the license within forty-five days after that change.
If a licensee is the driver or an occupant of a motor vehicle
that is stopped as the result of a traffic stop or a stop for
another law enforcement purpose and if the licensee is
transporting or has a loaded handgun in the motor vehicle at that
time, the licensee shall promptly inform any law enforcement
officer who approaches the vehicle while stopped that the licensee
has been issued a concealed handgun license and that the licensee
currently possesses or has a loaded handgun; the licensee shall
not knowingly disregard or fail to comply with lawful orders of a
law enforcement officer given while the motor vehicle is stopped,
knowingly fail to remain in the motor vehicle while stopped, or
knowingly fail to keep the licensee's hands in plain sight after
any law enforcement officer begins approaching the licensee while
stopped and before the officer leaves, unless directed otherwise
by a law enforcement officer; and the licensee shall not knowingly
have contact with the loaded handgun by touching it with the
licensee's hands or fingers, in any manner in violation of
division (E) of section 2923.16 of the Revised Code, after any law
enforcement officer begins approaching the licensee while stopped
and before the officer leaves. Additionally, if a licensee is the
driver or an occupant of a commercial motor vehicle that is
stopped by an employee of the motor carrier enforcement unit for
the purposes defined in section 5503.04 of the Revised Code and if
the licensee is transporting or has a loaded handgun in the
commercial motor vehicle at that time, the licensee shall promptly
inform the employee of the unit who approaches the vehicle while
stopped that the licensee has been issued a concealed handgun
license and that the licensee currently possesses or has a loaded
handgun.
If a licensee is stopped for a law enforcement purpose and if
the licensee is carrying a concealed handgun at the time the
officer approaches, the licensee shall promptly inform any law
enforcement officer who approaches the licensee while stopped that
the licensee has been issued a concealed handgun license and that
the licensee currently is carrying a concealed handgun; the
licensee shall not knowingly disregard or fail to comply with
lawful orders of a law enforcement officer given while the
licensee is stopped or knowingly fail to keep the licensee's hands
in plain sight after any law enforcement officer begins
approaching the licensee while stopped and before the officer
leaves, unless directed otherwise by a law enforcement officer;
and the licensee shall not knowingly remove, attempt to remove,
grasp, or hold the loaded handgun or knowingly have contact with
the loaded handgun by touching it with the licensee's hands or
fingers, in any manner in violation of division (B) of section
2923.12 of the Revised Code, after any law enforcement officer
begins approaching the licensee while stopped and before the
officer leaves.
(B) A valid concealed handgun license does not authorize the
licensee to carry a concealed handgun in any manner prohibited
under division (B) of section 2923.12 of the Revised Code or in
any manner prohibited under section 2923.16 of the Revised Code. A
valid license does not authorize the licensee to carry a concealed
handgun into any of the following places:
(1) A police station, sheriff's office, or state highway
patrol station, premises controlled by the bureau of criminal
identification and investigation, a state correctional
institution, jail, workhouse, or other detention facility, an
airport passenger terminal, or an institution that is maintained,
operated, managed, and governed pursuant to division (A) of
section 5119.14 of the Revised Code or division (A)(1) of section
5123.03 of the Revised Code;
(2) A school safety zone if the licensee's carrying the
concealed handgun is in violation of section 2923.122 of the
Revised Code;
(3) A courthouse or another building or structure in which a
courtroom is located, in violation of section 2923.123 of the
Revised Code;
(4) Any premises or open air arena for which a D permit has
been issued under Chapter 4303. of the Revised Code if the
licensee's carrying the concealed handgun is in violation of
section 2923.121 of the Revised Code;
(5) Any premises owned or leased by any public or private
college, university, or other institution of higher education,
unless the handgun is in a locked motor vehicle or the licensee is
in the immediate process of placing the handgun in a locked motor
vehicle;
(6) Any church, synagogue, mosque, or other place of worship,
unless the church, synagogue, mosque, or other place of worship
posts or permits otherwise;
(7) A child day-care center, a type A family day-care home,
or a type B family day-care home, except that this division does
not prohibit a licensee who resides in a type A family day-care
home or a type B family day-care home from carrying a concealed
handgun at any time in any part of the home that is not dedicated
or used for day-care purposes, or from carrying a concealed
handgun in a part of the home that is dedicated or used for
day-care purposes at any time during which no children, other than
children of that licensee, are in the home;
(8) An aircraft that is in, or intended for operation in,
foreign air transportation, interstate air transportation,
intrastate air transportation, or the transportation of mail by
aircraft;
(9) Any building that is a government facility of this state
or a political subdivision of this state and that is not a
building that is used primarily as a shelter, restroom, parking
facility for motor vehicles, or rest facility and is not a
courthouse or other building or structure in which a courtroom is
located that is subject to division (B)(3) of this section;
(10) A place in which federal law prohibits the carrying of
handguns.
(C)(1) Nothing in this section shall negate or restrict a
rule, policy, or practice of a private employer that is not a
private college, university, or other institution of higher
education concerning or prohibiting the presence of firearms on
the private employer's premises or property, including motor
vehicles owned by the private employer. Nothing in this section
shall require a private employer of that nature to adopt a rule,
policy, or practice concerning or prohibiting the presence of
firearms on the private employer's premises or property, including
motor vehicles owned by the private employer.
(2)(a) A private employer shall be immune from liability in a
civil action for any injury, death, or loss to person or property
that allegedly was caused by or related to a licensee bringing a
handgun onto the premises or property of the private employer,
including motor vehicles owned by the private employer, unless the
private employer acted with malicious purpose. A private employer
is immune from liability in a civil action for any injury, death,
or loss to person or property that allegedly was caused by or
related to the private employer's decision to permit a licensee to
bring, or prohibit a licensee from bringing, a handgun onto the
premises or property of the private employer. As used in this
division, "private employer" includes a private college,
university, or other institution of higher education.
(b) A political subdivision shall be immune from liability in
a civil action, to the extent and in the manner provided in
Chapter 2744. of the Revised Code, for any injury, death, or loss
to person or property that allegedly was caused by or related to a
licensee bringing a handgun onto any premises or property owned,
leased, or otherwise under the control of the political
subdivision. As used in this division, "political subdivision" has
the same meaning as in section 2744.01 of the Revised Code.
(3)(a) Except as provided in division (C)(3)(b) of this
section, the owner or person in control of private land or
premises, and a private person or entity leasing land or premises
owned by the state, the United States, or a political subdivision
of the state or the United States, may post a sign in a
conspicuous location on that land or on those premises prohibiting
persons from carrying firearms or concealed firearms on or onto
that land or those premises. Except as otherwise provided in this
division, a person who knowingly violates a posted prohibition of
that nature is guilty of criminal trespass in violation of
division (A)(4) of section 2911.21 of the Revised Code and is
guilty of a misdemeanor of the fourth degree. If a person
knowingly violates a posted prohibition of that nature and the
posted land or premises primarily was a parking lot or other
parking facility, the person is not guilty of criminal trespass in
violation of division (A)(4) of under section 2911.21 of the
Revised Code or under any other criminal law of this state or
criminal law, ordinance, or resolution of a political subdivision
of this state, and instead is subject only to a civil cause of
action for trespass based on the violation.
(b) A landlord may not prohibit or restrict a tenant who is a
licensee and who on or after September 9, 2008, enters into a
rental agreement with the landlord for the use of residential
premises, and the tenant's guest while the tenant is present, from
lawfully carrying or possessing a handgun on those residential
premises.
(c) As used in division (C)(3) of this section:
(i) "Residential premises" has the same meaning as in section
5321.01 of the Revised Code, except "residential premises" does
not include a dwelling unit that is owned or operated by a college
or university.
(ii) "Landlord," "tenant," and "rental agreement" have the
same meanings as in section 5321.01 of the Revised Code.
(D) A person who holds a valid concealed handgun license
issued by another state that is recognized by the attorney general
pursuant to a reciprocity agreement entered into pursuant to
section 109.69 of the Revised Code or a person who holds a valid
concealed handgun license under the circumstances described in
division (B) of section 109.69 of the Revised Code has the same
right to carry a concealed handgun in this state as a person who
was issued a concealed handgun license under section 2923.125 of
the Revised Code and is subject to the same restrictions that
apply to a person who carries a license issued under that section.
(E) A peace officer has the same right to carry a concealed
handgun in this state as a person who was issued a concealed
handgun license under section 2923.125 of the Revised Code. For
purposes of reciprocity with other states, a peace officer shall
be considered to be a licensee in this state.
(F)(1) A qualified retired peace officer who possesses a
retired peace officer identification card issued pursuant to
division (F)(2) of this section and a valid firearms
requalification certification issued pursuant to division (F)(3)
of this section has the same right to carry a concealed handgun in
this state as a person who was issued a concealed handgun license
under section 2923.125 of the Revised Code and is subject to the
same restrictions that apply to a person who carries a license
issued under that section. For purposes of reciprocity with other
states, a qualified retired peace officer who possesses a retired
peace officer identification card issued pursuant to division
(F)(2) of this section and a valid firearms requalification
certification issued pursuant to division (F)(3) of this section
shall be considered to be a licensee in this state.
(2)(a) Each public agency of this state or of a political
subdivision of this state that is served by one or more peace
officers shall issue a retired peace officer identification card
to any person who retired from service as a peace officer with
that agency, if the issuance is in accordance with the agency's
policies and procedures and if the person, with respect to the
person's service with that agency, satisfies all of the following:
(i) The person retired in good standing from service as a
peace officer with the public agency, and the retirement was not
for reasons of mental instability.
(ii) Before retiring from service as a peace officer with
that agency, the person was authorized to engage in or supervise
the prevention, detection, investigation, or prosecution of, or
the incarceration of any person for, any violation of law and the
person had statutory powers of arrest.
(iii) At the time of the person's retirement as a peace
officer with that agency, the person was trained and qualified to
carry firearms in the performance of the peace officer's duties.
(iv) Before retiring from service as a peace officer with
that agency, the person was regularly employed as a peace officer
for an aggregate of fifteen years or more, or, in the alternative,
the person retired from service as a peace officer with that
agency, after completing any applicable probationary period of
that service, due to a service-connected disability, as determined
by the agency.
(b) A retired peace officer identification card issued to a
person under division (F)(2)(a) of this section shall identify the
person by name, contain a photograph of the person, identify the
public agency of this state or of the political subdivision of
this state from which the person retired as a peace officer and
that is issuing the identification card, and specify that the
person retired in good standing from service as a peace officer
with the issuing public agency and satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section. In
addition to the required content specified in this division, a
retired peace officer identification card issued to a person under
division (F)(2)(a) of this section may include the firearms
requalification certification described in division (F)(3) of this
section, and if the identification card includes that
certification, the identification card shall serve as the firearms
requalification certification for the retired peace officer. If
the issuing public agency issues credentials to active law
enforcement officers who serve the agency, the agency may comply
with division (F)(2)(a) of this section by issuing the same
credentials to persons who retired from service as a peace officer
with the agency and who satisfy the criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this section, provided that the
credentials so issued to retired peace officers are stamped with
the word "RETIRED."
(c) A public agency of this state or of a political
subdivision of this state may charge persons who retired from
service as a peace officer with the agency a reasonable fee for
issuing to the person a retired peace officer identification card
pursuant to division (F)(2)(a) of this section.
(3) If a person retired from service as a peace officer with
a public agency of this state or of a political subdivision of
this state and the person satisfies the criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this section, the public agency
may provide the retired peace officer with the opportunity to
attend a firearms requalification program that is approved for
purposes of firearms requalification required under section
109.801 of the Revised Code. The retired peace officer may be
required to pay the cost of the course.
If a retired peace officer who satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a
firearms requalification program that is approved for purposes of
firearms requalification required under section 109.801 of the
Revised Code, the retired peace officer's successful completion of
the firearms requalification program requalifies the retired peace
officer for purposes of division (F) of this section for five
years from the date on which the program was successfully
completed, and the requalification is valid during that five-year
period. If a retired peace officer who satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section
satisfactorily completes such a firearms requalification program,
the retired peace officer shall be issued a firearms
requalification certification that identifies the retired peace
officer by name, identifies the entity that taught the program,
specifies that the retired peace officer successfully completed
the program, specifies the date on which the course was
successfully completed, and specifies that the requalification is
valid for five years from that date of successful completion. The
firearms requalification certification for a retired peace officer
may be included in the retired peace officer identification card
issued to the retired peace officer under division (F)(2) of this
section.
A retired peace officer who attends a firearms
requalification program that is approved for purposes of firearms
requalification required under section 109.801 of the Revised Code
may be required to pay the cost of the program.
(G) As used in this section:
(1) "Qualified retired peace officer" means a person who
satisfies all of the following:
(a) The person satisfies the criteria set forth in divisions
(F)(2)(a)(i) to (v) of this section.
(b) The person is not under the influence of alcohol or
another intoxicating or hallucinatory drug or substance.
(c) The person is not prohibited by federal law from
receiving firearms.
(2) "Retired peace officer identification card" means an
identification card that is issued pursuant to division (F)(2) of
this section to a person who is a retired peace officer.
(3) "Government facility of this state or a political
subdivision of this state" means any of the following:
(a) A building or part of a building that is owned or leased
by the government of this state or a political subdivision of this
state and where employees of the government of this state or the
political subdivision regularly are present for the purpose of
performing their official duties as employees of the state or
political subdivision;
(b) The office of a deputy registrar serving pursuant to
Chapter 4503. of the Revised Code that is used to perform deputy
registrar functions.
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid
concealed handgun license is arrested for or otherwise charged
with an offense described in division (D)(1)(d) of section
2923.125 of the Revised Code or with a violation of section
2923.15 of the Revised Code or becomes subject to a temporary
protection order or to a protection order issued by a court of
another state that is substantially equivalent to a temporary
protection order, the sheriff who issued the license shall suspend
it and shall comply with division (A)(3) of this section upon
becoming aware of the arrest, charge, or protection order. Upon
suspending the license, the sheriff also shall comply with
division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(1)(a) of this section
shall be considered as beginning on the date that the licensee is
arrested for or otherwise charged with an offense described in
that division or on the date the appropriate court issued the
protection order described in that division, irrespective of when
the sheriff notifies the licensee under division (A)(3) of this
section. The suspension shall end on the date on which the charges
are dismissed or the licensee is found not guilty of the offense
described in division (A)(1)(a) of this section or, subject to
division (B) of this section, on the date the appropriate court
terminates the protection order described in that division. If the
suspension so ends, the sheriff shall return the license or
temporary emergency license to the licensee.
(2)(a) If a licensee holding a valid concealed handgun
license is convicted of or pleads guilty to a misdemeanor
violation of division (B)(1), (2), or (4) of section 2923.12 of
the Revised Code or of division (E)(1), (2), (3), or (5) of
section 2923.16 of the Revised Code, except as provided in
division (A)(2)(c) of this section and subject to division (C) of
this section, the sheriff who issued the license shall suspend it
and shall comply with division (A)(3) of this section upon
becoming aware of the conviction or guilty plea. Upon suspending
the license, the sheriff also shall comply with division (H) of
section 2923.125 of the Revised Code.
(b) A suspension under division (A)(2)(a) of this section
shall be considered as beginning on the date that the licensee is
convicted of or pleads guilty to the offense described in that
division, irrespective of when the sheriff notifies the licensee
under division (A)(3) of this section. If the suspension is
imposed for a misdemeanor violation of division (B)(1) or (2) of
section 2923.12 of the Revised Code or of division (E)(1), (2), or
(3) of section 2923.16 of the Revised Code, it shall end on the
date that is one year after the date that the licensee is
convicted of or pleads guilty to that violation. If the suspension
is imposed for a misdemeanor violation of division (B)(4) of
section 2923.12 of the Revised Code or of division (E)(5) of
section 2923.16 of the Revised Code, it shall end on the date that
is two years after the date that the licensee is convicted of or
pleads guilty to that violation. If the licensee's license was
issued under section 2923.125 of the Revised Code and the license
remains valid after the suspension ends as described in this
division, when the suspension ends, the sheriff shall return the
license to the licensee. If the licensee's license was issued
under section 2923.125 of the Revised Code and the license expires
before the suspension ends as described in this division, or if
the licensee's license was issued under section 2923.1213 of the
Revised Code, the licensee is not eligible to apply for a new
license under section 2923.125 or 2923.1213 of the Revised Code or
to renew the license under section 2923.125 of the Revised Code
until after the suspension ends as described in this division.
(c) The license of a licensee who is convicted of or pleads
guilty to a violation of division (B)(1) of section 2923.12 or
division (E)(1) or (2) of section 2923.16 of the Revised Code
shall not be suspended pursuant to division (A)(2)(a) of this
section if, at the time of the stop of the licensee for a law
enforcement purpose, for a traffic stop, or for a purpose defined
in section 5503.34 of the Revised Code that was the basis of the
violation, any law enforcement officer involved with the stop or
the employee of the motor carrier enforcement unit who made the
stop had actual knowledge of the licensee's status as a licensee.
(3) Upon becoming aware of an arrest, charge, or protection
order described in division (A)(1)(a) of this section with respect
to a licensee who was issued a concealed handgun license, or a
conviction of or plea of guilty to a misdemeanor offense described
in division (A)(2)(a) of this section with respect to a licensee
who was issued a concealed handgun license and with respect to
which division (A)(2)(c) of this section does not apply, subject
to division (C) of this section, the sheriff who issued the
licensee's license shall notify the licensee, by certified mail,
return receipt requested, at the licensee's last known residence
address that the license has been suspended and that the licensee
is required to surrender the license at the sheriff's office
within ten days of the date on which the notice was mailed. If the
suspension is pursuant to division (A)(2) of this section, the
notice shall identify the date on which the suspension ends.
(B)(1) A sheriff who issues a concealed handgun license to a
licensee shall revoke the license in accordance with division
(B)(2) of this section upon becoming aware that the licensee
satisfies any of the following:
(a) The licensee is under twenty-one years of age.
(b) Subject to division (C) of this section, at the time of
the issuance of the license, the licensee did not satisfy the
eligibility requirements of division (D)(1)(c), (d), (e), (f),
(g), or (h) of section 2923.125 of the Revised Code.
(c) Subject to division (C) of this section, on or after the
date on which the license was issued, the licensee is convicted of
or pleads guilty to a violation of section 2923.15 of the Revised
Code or an offense described in division (D)(1)(e), (f), (g), or
(h) of section 2923.125 of the Revised Code.
(d) On or after the date on which the license was issued, the
licensee becomes subject to a civil protection order or to a
protection order issued by a court of another state that is
substantially equivalent to a civil protection order.
(e) The licensee knowingly carries a concealed handgun into a
place that the licensee knows is an unauthorized place specified
in division (B) of section 2923.126 of the Revised Code.
(f) On or after the date on which the license was issued, the
licensee is adjudicated as a mental defective or is committed to a
mental institution.
(g) At the time of the issuance of the license, the licensee
did not meet the residency requirements described in division
(D)(1) of section 2923.125 of the Revised Code and currently does
not meet the residency requirements described in that division.
(h) Regarding a license issued under section 2923.125 of the
Revised Code, the competency certificate the licensee submitted
was forged or otherwise was fraudulent.
(2) Upon becoming aware of any circumstance listed in
division (B)(1) of this section that applies to a particular
licensee who was issued a concealed handgun license, subject to
division (C) of this section, the sheriff who issued the license
to the licensee shall notify the licensee, by certified mail,
return receipt requested, at the licensee's last known residence
address that the license is subject to revocation and that the
licensee may come to the sheriff's office and contest the
sheriff's proposed revocation within fourteen days of the date on
which the notice was mailed. After the fourteen-day period and
after consideration of any information that the licensee provides
during that period, if the sheriff determines on the basis of the
information of which the sheriff is aware that the licensee is
described in division (B)(1) of this section and no longer
satisfies the requirements described in division (D)(1) of section
2923.125 of the Revised Code that are applicable to the licensee's
type of license, the sheriff shall revoke the license, notify the
licensee of that fact, and require the licensee to surrender the
license. Upon revoking the license, the sheriff also shall comply
with division (H) of section 2923.125 of the Revised Code.
(C) If a sheriff who issues a concealed handgun license to a
licensee becomes aware that at the time of the issuance of the
license the licensee had been convicted of or pleaded guilty to an
offense identified in division (D)(1)(e), (f), or (h) of section
2923.125 of the Revised Code or had been adjudicated a delinquent
child for committing an act or violation identified in any of
those divisions or becomes aware that on or after the date on
which the license was issued the licensee has been convicted of or
pleaded guilty to an offense identified in division (A)(2)(a) or
(B)(1)(c) of this section, the sheriff shall not consider that
conviction, guilty plea, or adjudication as having occurred for
purposes of divisions (A)(2), (A)(3), (B)(1), and (B)(2) of this
section if a court has ordered the sealing or expungement of the
records of that conviction, guilty plea, or adjudication pursuant
to sections 2151.355 to 2151.358 or sections 2953.31 to 2953.36 of
the Revised Code or a court has granted the licensee relief
pursuant to section 2923.14 of the Revised Code has been relieved
under operation of law or legal process from the disability
imposed pursuant to section 2923.13 of the Revised Code relative
to that conviction, guilty plea, or adjudication.
(D) As used in this section, "motor carrier enforcement unit"
has the same meaning as in section 2923.16 of the Revised Code.
Sec. 2923.1213. (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, if the person 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; if applicable, 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; if applicable, 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)(s) 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,
but is temporarily staying in 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 (s) 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 (s) 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)(a) and (5)(d) 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)(2)(c) 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 has granted the
applicant relief pursuant to section 2923.14 of the Revised Code
has been relieved under operation of law or legal process from the
disability imposed pursuant to section 2923.13 of the Revised Code
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 attorney
general 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.
The attorney
general shall design the form to enable applicants to provide the
information that is required by law to be collected, and shall
update the form as necessary. Burdens or restrictions to obtaining
a concealed handgun license that are not expressly prescribed in
law shall not be incorporated into the form. The attorney general
shall post a printable version of the form on the web site of the
attorney general and shall provide the address of the web site to
any person who requests the form.
(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 under operation of
law or legal process, 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 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.
(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) 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.
(B) Whoever violates this section is guilty of having weapons
while under disability, a felony of the third degree.
(C) For the purposes of this section, "under operation of law
or legal process" shall not itself include mere completion,
termination, or expiration of a sentence imposed as a result of a
criminal conviction.
Sec. 2923.17. (A) No person shall knowingly acquire, have,
carry, or use any dangerous ordnance.
(B) No person shall manufacture or process an explosive at
any location in this state unless the person first has been issued
a license, certificate of registration, or permit to do so from a
fire official of a political subdivision of this state or from the
office of the fire marshal.
(C) Division (A) of this section does not apply to:
(1) Officers, agents, or employees of this or any other state
or the United States, members of the armed forces of the United
States or the organized militia of this or any other state, and
law enforcement officers, to the extent that any such person is
authorized to acquire, have, carry, or use dangerous ordnance and
is acting within the scope of the person's duties;
(2) Importers, manufacturers, dealers, and users of
explosives, having a license or user permit issued and in effect
pursuant to the "Organized Crime Control Act of 1970," 84 Stat.
952, 18 U.S.C. 843, and any amendments or additions thereto or
reenactments thereof, with respect to explosives and explosive
devices lawfully acquired, possessed, carried, or used under the
laws of this state and applicable federal law;
(3) Importers, manufacturers, and dealers having a license to
deal in destructive devices or their ammunition, issued and in
effect pursuant to the "Gun Control Act of 1968," 82 Stat. 1213,
18 U.S.C. 923, and any amendments or additions thereto or
reenactments thereof, with respect to dangerous ordnance lawfully
acquired, possessed, carried, or used under the laws of this state
and applicable federal law;
(4) Persons to whom surplus ordnance has been sold, loaned,
or given by the secretary of the army pursuant to 70A Stat. 262
and 263, 10 U.S.C. 4684, 4685, and 4686, and any amendments or
additions thereto or reenactments thereof, with respect to
dangerous ordnance when lawfully possessed and used for the
purposes specified in such section;
(5) Owners of dangerous ordnance registered in the national
firearms registration and transfer record pursuant to the act of
October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any
amendments or additions thereto or reenactments thereof, and
regulations issued thereunder.;
(6) Carriers, warehouses, and others engaged in the business
of transporting or storing goods for hire, with respect to
dangerous ordnance lawfully transported or stored in the usual
course of their business and in compliance with the laws of this
state and applicable federal law;
(7) The holders of a license or temporary permit issued and
in effect pursuant to section 2923.18 of the Revised Code, with
respect to dangerous ordnance lawfully acquired, possessed,
carried, or used for the purposes and in the manner specified in
such license or permit;
(8) Persons who own a dangerous ordnance that is a firearm
muffler or suppressor attached to a gun that is authorized to be
used for hunting by section 1533.16 of the Revised Code and who
are authorized to use such a dangerous ordnance by section 1533.04
of the Revised Code.
(D) Whoever violates division (A) of this section is guilty
of unlawful possession of dangerous ordnance, a felony of the
fifth degree.
(E) Whoever violates division (B) of this section is guilty
of illegally manufacturing or processing explosives, a felony of
the second degree.
Sec. 2929.14. (A) Except as provided in division (B)(1),
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),
(H), or (J) of this section or in division (D)(6) of section
2919.25 of the Revised Code and except in relation to an offense
for which a sentence of death or life imprisonment is to be
imposed, if the court imposing a sentence upon an offender for a
felony elects or is required to impose a prison term on the
offender pursuant to this chapter, the court shall impose a
definite prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term shall
be three, four, five, six, seven, eight, nine, ten, or eleven
years.
(2) For a felony of the second degree, the prison term shall
be two, three, four, five, six, seven, or eight years.
(3)(a) For a felony of the third degree that is a violation
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the
Revised Code or that is a violation of section 2911.02 or 2911.12
of the Revised Code if the offender previously has been convicted
of or pleaded guilty in two or more separate proceedings to two or
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12
of the Revised Code, the prison term shall be twelve, eighteen,
twenty-four, thirty, thirty-six, forty-two, forty-eight,
fifty-four, or sixty months.
(b) For a felony of the third degree that is not an offense
for which division (A)(3)(a) of this section applies, the prison
term shall be nine, twelve, eighteen, twenty-four, thirty, or
thirty-six months.
(4) For a felony of the fourth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, or twelve months.
(B)(1)(a) Except as provided in division (B)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to a
felony also is convicted of or pleads guilty to a specification of
the type described in section 2941.141, 2941.144, or 2941.145 of
the Revised Code, the court shall impose on the offender one of
the following prison terms:
(i) A prison term of six years if the specification is of the
type described in section 2941.144 of the Revised Code that
charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or silencer
suppressor on or about the offender's person or under the
offender's control while committing the felony;
(ii) A prison term of three years if the specification is of
the type described in section 2941.145 of the Revised Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using it to
facilitate the offense;
(iii) A prison term of one year if the specification is of
the type described in section 2941.141 of the Revised Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the felony.
(b) If a court imposes a prison term on an offender under
division (B)(1)(a) of this section, the prison term shall not be
reduced pursuant to section 2967.19, section 2929.20, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120.
of the Revised Code. Except as provided in division (B)(1)(g) of
this section, a court shall not impose more than one prison term
on an offender under division (B)(1)(a) of this section for
felonies committed as part of the same act or transaction.
(c) Except as provided in division (B)(1)(e) of this section,
if an offender who is convicted of or pleads guilty to a violation
of section 2923.161 of the Revised Code or to a felony that
includes, as an essential element, purposely or knowingly causing
or attempting to cause the death of or physical harm to another,
also is convicted of or pleads guilty to a specification of the
type described in section 2941.146 of the Revised Code that
charges the offender with committing the offense by discharging a
firearm from a motor vehicle other than a manufactured home, the
court, after imposing a prison term on the offender for the
violation of section 2923.161 of the Revised Code or for the other
felony offense under division (A), (B)(2), or (B)(3) of this
section, shall impose an additional prison term of five years upon
the offender that shall not be reduced pursuant to section
2929.20, section 2967.19, section 2967.193, or any other provision
of Chapter 2967. or Chapter 5120. of the Revised Code. A court
shall not impose more than one additional prison term on an
offender under division (B)(1)(c) of this section for felonies
committed as part of the same act or transaction. If a court
imposes an additional prison term on an offender under division
(B)(1)(c) of this section relative to an offense, the court also
shall impose a prison term under division (B)(1)(a) of this
section relative to the same offense, provided the criteria
specified in that division for imposing an additional prison term
are satisfied relative to the offender and the offense.
(d) If an offender who is convicted of or pleads guilty to an
offense of violence that is a felony also is convicted of or
pleads guilty to a specification of the type described in section
2941.1411 of the Revised Code that charges the offender with
wearing or carrying body armor while committing the felony offense
of violence, the court shall impose on the offender a prison term
of two years. The prison term so imposed, subject to divisions (C)
to (I) of section 2967.19 of the Revised Code, shall not be
reduced pursuant to section 2929.20, section 2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120.
of the Revised Code. A court shall not impose more than one prison
term on an offender under division (B)(1)(d) of this section for
felonies committed as part of the same act or transaction. If a
court imposes an additional prison term under division (B)(1)(a)
or (c) of this section, the court is not precluded from imposing
an additional prison term under division (B)(1)(d) of this
section.
(e) The court shall not impose any of the prison terms
described in division (B)(1)(a) of this section or any of the
additional prison terms described in division (B)(1)(c) of this
section upon an offender for a violation of section 2923.12 or
2923.123 of the Revised Code. The court shall not impose any of
the prison terms described in division (B)(1)(a) or (b) of this
section upon an offender for a violation of section 2923.122 that
involves a deadly weapon that is a firearm other than a dangerous
ordnance, section 2923.16, or section 2923.121 of the Revised
Code. The court shall not impose any of the prison terms described
in division (B)(1)(a) of this section or any of the additional
prison terms described in division (B)(1)(c) of this section upon
an offender for a violation of section 2923.13 of the Revised Code
unless all of the following apply:
(i) The offender previously has been convicted of aggravated
murder, murder, or any felony of the first or second degree.
(ii) Less than five years have passed since the offender was
released from prison or post-release control, whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause the death of or physical harm to another and
also is convicted of or pleads guilty to a specification of the
type described in section 2941.1412 of the Revised Code that
charges the offender with committing the offense by discharging a
firearm at a peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer, as defined in section
2941.1412 of the Revised Code, the court, after imposing a prison
term on the offender for the felony offense under division (A),
(B)(2), or (B)(3) of this section, shall impose an additional
prison term of seven years upon the offender that shall not be
reduced pursuant to section 2929.20, section 2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120.
of the Revised Code. If an offender is convicted of or pleads
guilty to two or more felonies that include, as an essential
element, causing or attempting to cause the death or physical harm
to another and also is convicted of or pleads guilty to a
specification of the type described under division (B)(1)(f) of
this section in connection with two or more of the felonies of
which the offender is convicted or to which the offender pleads
guilty, the sentencing court shall impose on the offender the
prison term specified under division (B)(1)(f) of this section for
each of two of the specifications of which the offender is
convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term
specified under that division for any or all of the remaining
specifications. If a court imposes an additional prison term on an
offender under division (B)(1)(f) of this section relative to an
offense, the court shall not impose a prison term under division
(B)(1)(a) or (c) of this section relative to the same offense.
(g) If an offender is convicted of or pleads guilty to two or
more felonies, if one or more of those felonies are aggravated
murder, murder, attempted aggravated murder, attempted murder,
aggravated robbery, felonious assault, or rape, and if the
offender is convicted of or pleads guilty to a specification of
the type described under division (B)(1)(a) of this section in
connection with two or more of the felonies, the sentencing court
shall impose on the offender the prison term specified under
division (B)(1)(a) of this section for each of the two most
serious specifications of which the offender is convicted or to
which the offender pleads guilty and, in its discretion, also may
impose on the offender the prison term specified under that
division for any or all of the remaining specifications.
(2)(a) If division (B)(2)(b) of this section does not apply,
the court may impose on an offender, in addition to the longest
prison term authorized or required for the offense, an additional
definite prison term of one, two, three, four, five, six, seven,
eight, nine, or ten years if all of the following criteria are
met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated
murder and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does
not impose a sentence of life imprisonment without parole, any
felony of the first degree that is an offense of violence and the
court does not impose a sentence of life imprisonment without
parole, or any felony of the second degree that is an offense of
violence and the trier of fact finds that the offense involved an
attempt to cause or a threat to cause serious physical harm to a
person or resulted in serious physical harm to a person.
(iii) The court imposes the longest prison term for the
offense that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed pursuant
to division (B)(2)(a)(iii) of this section and, if applicable,
division (B)(1) or (3) of this section are inadequate to punish
the offender and protect the public from future crime, because the
applicable factors under section 2929.12 of the Revised Code
indicating a greater likelihood of recidivism outweigh the
applicable factors under that section indicating a lesser
likelihood of recidivism.
(v) The court finds that the prison terms imposed pursuant to
division (B)(2)(a)(iii) of this section and, if applicable,
division (B)(1) or (3) of this section are demeaning to the
seriousness of the offense, because one or more of the factors
under section 2929.12 of the Revised Code indicating that the
offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the
applicable factors under that section indicating that the
offender's conduct is less serious than conduct normally
constituting the offense.
(b) The court shall impose on an offender the longest prison
term authorized or required for the offense and shall impose on
the offender an additional definite prison term of one, two,
three, four, five, six, seven, eight, nine, or ten years if all of
the following criteria are met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been
convicted of or pleaded guilty to three or more offenses described
in division (CC)(1) of section 2929.01 of the Revised Code,
including all offenses described in that division of which the
offender is convicted or to which the offender pleads guilty in
the current prosecution and all offenses described in that
division of which the offender previously has been convicted or to
which the offender previously pleaded guilty, whether prosecuted
together or separately.
(iii) The offense or offenses of which the offender currently
is convicted or to which the offender currently pleads guilty is
aggravated murder and the court does not impose a sentence of
death or life imprisonment without parole, murder, terrorism and
the court does not impose a sentence of life imprisonment without
parole, any felony of the first degree that is an offense of
violence and the court does not impose a sentence of life
imprisonment without parole, or any felony of the second degree
that is an offense of violence and the trier of fact finds that
the offense involved an attempt to cause or a threat to cause
serious physical harm to a person or resulted in serious physical
harm to a person.
(c) For purposes of division (B)(2)(b) of this section, two
or more offenses committed at the same time or as part of the same
act or event shall be considered one offense, and that one offense
shall be the offense with the greatest penalty.
(d) A sentence imposed under division (B)(2)(a) or (b) of
this section shall not be reduced pursuant to section 2929.20,
section 2967.19, or section 2967.193, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. The offender
shall serve an additional prison term imposed under this section
consecutively to and prior to the prison term imposed for the
underlying offense.
(e) When imposing a sentence pursuant to division (B)(2)(a)
or (b) of this section, the court shall state its findings
explaining the imposed sentence.
(3) Except when an offender commits a violation of section
2903.01 or 2907.02 of the Revised Code and the penalty imposed for
the violation is life imprisonment or commits a violation of
section 2903.02 of the Revised Code, if the offender commits a
violation of section 2925.03 or 2925.11 of the Revised Code and
that section classifies the offender as a major drug offender, if
the offender commits a felony violation of section 2925.02,
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,
4729.37, or 4729.61, division (C) or (D) of section 3719.172,
division (C) of section 4729.51, or division (J) of section
4729.54 of the Revised Code that includes the sale, offer to sell,
or possession of a schedule I or II controlled substance, with the
exception of marihuana, and the court imposing sentence upon the
offender finds that the offender is guilty of a specification of
the type described in section 2941.1410 of the Revised Code
charging that the offender is a major drug offender, if the court
imposing sentence upon an offender for a felony finds that the
offender is guilty of corrupt activity with the most serious
offense in the pattern of corrupt activity being a felony of the
first degree, or if the offender is guilty of an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall impose upon the offender for the felony violation a
mandatory prison term of the maximum prison term prescribed for a
felony of the first degree that, subject to divisions (C) to (I)
of section 2967.19 of the Revised Code, cannot be reduced pursuant
to section 2929.20, section 2967.19, or any other provision of
Chapter 2967. or 5120. of the Revised Code.
(4) If the offender is being sentenced for a third or fourth
degree felony OVI offense under division (G)(2) of section 2929.13
of the Revised Code, the sentencing court shall impose upon the
offender a mandatory prison term in accordance with that division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the sentencing
court may sentence the offender to an additional prison term of
any duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one hundred twenty days imposed upon the offender
as the mandatory prison term. The total of the additional prison
term imposed under division (B)(4) of this section plus the sixty
or one hundred twenty days imposed as the mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of the authorized prison terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If the court
imposes an additional prison term under division (B)(4) of this
section, the offender shall serve the additional prison term after
the offender has served the mandatory prison term required for the
offense. In addition to the mandatory prison term or mandatory and
additional prison term imposed as described in division (B)(4) of
this section, the court also may sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the
Revised Code, but the offender shall serve all of the prison terms
so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony
OVI offense under division (G)(1) of section 2929.13 of the
Revised Code and the court imposes a mandatory term of local
incarceration, the court may impose a prison term as described in
division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
or an investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (B)(5) of this section, the prison term, subject to
divisions (C) to (I) of section 2967.19 of the Revised Code, shall
not be reduced pursuant to section 2929.20, section 2967.19,
section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (B)(5) of this
section for felonies committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of
division (A) or (B) of section 4511.19 of the Revised Code or an
equivalent offense, as defined in section 2941.1415 of the Revised
Code, or three or more violations of any combination of those
divisions and offenses, the court shall impose on the offender a
prison term of three years. If a court imposes a prison term on an
offender under division (B)(6) of this section, the prison term,
subject to divisions (C) to (I) of section 2967.19 of the Revised
Code, shall not be reduced pursuant to section 2929.20, section
2967.19, section 2967.193, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A court shall not impose
more than one prison term on an offender under division (B)(6) of
this section for felonies committed as part of the same act.
(7)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or
2923.32, division (A)(1) or (2) of section 2907.323, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised
Code and also is convicted of or pleads guilty to a specification
of the type described in section 2941.1422 of the Revised Code
that charges that the offender knowingly committed the offense in
furtherance of human trafficking, the court shall impose on the
offender a mandatory prison term that is one of the following:
(i) If the offense is a felony of the first degree, a
definite prison term of not less than five years and not greater
than ten years;
(ii) If the offense is a felony of the second or third
degree, a definite prison term of not less than three years and
not greater than the maximum prison term allowed for the offense
by division (A) of section 2929.14 of the Revised Code;
(iii) If the offense is a felony of the fourth or fifth
degree, a definite prison term that is the maximum prison term
allowed for the offense by division (A) of section 2929.14 of the
Revised Code.
(b) Subject to divisions (C) to (I) of section 2967.19 of the
Revised Code, the prison term imposed under division (B)(7)(a) of
this section shall not be reduced pursuant to section 2929.20,
section 2967.19, section 2967.193, or any other provision of
Chapter 2967. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (B)(7)(a) of
this section for felonies committed as part of the same act,
scheme, or plan.
(8) If an offender is convicted of or pleads guilty to a
felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1423 of the
Revised Code that charges that the victim of the violation was a
woman whom the offender knew was pregnant at the time of the
violation, notwithstanding the range of prison terms prescribed in
division (A) of this section for felonies of the same degree as
the violation, the court shall impose on the offender a mandatory
prison term that is either a definite prison term of six months or
one of the prison terms prescribed in section 2929.14 of the
Revised Code for felonies of the same degree as the violation.
(C)(1)(a) Subject to division (C)(1)(b) of this section, if a
mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(a) of this section for having a firearm on or
about the offender's person or under the offender's control while
committing a felony, if a mandatory prison term is imposed upon an
offender pursuant to division (B)(1)(c) of this section for
committing a felony specified in that division by discharging a
firearm from a motor vehicle, or if both types of mandatory prison
terms are imposed, the offender shall serve any mandatory prison
term imposed under either division consecutively to any other
mandatory prison term imposed under either division or under
division (B)(1)(d) of this section, consecutively to and prior to
any prison term imposed for the underlying felony pursuant to
division (A), (B)(2), or (B)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(b) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(1)(d) of this section for wearing or
carrying body armor while committing an offense of violence that
is a felony, the offender shall serve the mandatory term so
imposed consecutively to any other mandatory prison term imposed
under that division or under division (B)(1)(a) or (c) of this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (B)(2), or (B)(3) of
this section or any other section of the Revised Code, and
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (B)(2), or (B)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(d) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(7) or (8) of this section, the offender
shall serve the mandatory prison term so imposed consecutively to
any other mandatory prison term imposed under that division or
under any other provision of law and consecutively to any other
prison term or mandatory prison term previously or subsequently
imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison, or
other residential detention facility violates section 2917.02,
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)
of section 2921.34 of the Revised Code, if an offender who is
under detention at a detention facility commits a felony violation
of section 2923.131 of the Revised Code, or if an offender who is
an inmate in a jail, prison, or other residential detention
facility or is under detention at a detention facility commits
another felony while the offender is an escapee in violation of
division (A)(1) or (2) of section 2921.34 of the Revised Code, any
prison term imposed upon the offender for one of those violations
shall be served by the offender consecutively to the prison term
or term of imprisonment the offender was serving when the offender
committed that offense and to any other prison term previously or
subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised Code, a violation of
division (A) of section 2913.02 of the Revised Code in which the
stolen property is a firearm or dangerous ordnance, or a felony
violation of division (B) of section 2921.331 of the Revised Code,
the offender shall serve that prison term consecutively to any
other prison term or mandatory prison term previously or
subsequently imposed upon the offender.
(4) If multiple prison terms are imposed on an offender for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the offender's conduct and to the danger the offender poses to
the public, and if the court also finds any of the following:
(a) The offender committed one or more of the multiple
offenses while the offender was awaiting trial or sentencing, was
under a sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or was under post-release control for
a prior offense.
(b) At least two of the multiple offenses were committed as
part of one or more courses of conduct, and the harm caused by two
or more of the multiple offenses so committed was so great or
unusual that no single prison term for any of the offenses
committed as part of any of the courses of conduct adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates
that consecutive sentences are necessary to protect the public
from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of
the Revised Code. If a mandatory prison term is imposed upon an
offender pursuant to division (B)(5) of this section, and if a
mandatory prison term also is imposed upon the offender pursuant
to division (B)(6) of this section in relation to the same
violation, the offender shall serve the mandatory prison term
imposed pursuant to division (B)(5) of this section consecutively
to and prior to the mandatory prison term imposed pursuant to
division (B)(6) of this section and consecutively to and prior to
any prison term imposed for the underlying violation of division
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to
division (A) of this section or section 2929.142 of the Revised
Code.
(6) When consecutive prison terms are imposed pursuant to
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)
of this section, the term to be served is the aggregate of all of
the terms so imposed.
(D)(1) If a court imposes a prison term for a felony of the
first degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree that is not a felony
sex offense and in the commission of which the offender caused or
threatened to cause physical harm to a person, it shall include in
the sentence a requirement that the offender be subject to a
period of post-release control after the offender's release from
imprisonment, in accordance with that division. If a court imposes
a sentence including a prison term of a type described in this
division on or after July 11, 2006, the failure of a court to
include a post-release control requirement in the sentence
pursuant to this division does not negate, limit, or otherwise
affect the mandatory period of post-release control that is
required for the offender under division (B) of section 2967.28 of
the Revised Code. Section 2929.191 of the Revised Code applies if,
prior to July 11, 2006, a court imposed a sentence including a
prison term of a type described in this division and failed to
include in the sentence pursuant to this division a statement
regarding post-release control.
(2) If a court imposes a prison term for a felony of the
third, fourth, or fifth degree that is not subject to division
(D)(1) of this section, it shall include in the sentence a
requirement that the offender be subject to a period of
post-release control after the offender's release from
imprisonment, in accordance with that division, if the parole
board determines that a period of post-release control is
necessary. Section 2929.191 of the Revised Code applies if, prior
to July 11, 2006, a court imposed a sentence including a prison
term of a type described in this division and failed to include in
the sentence pursuant to this division a statement regarding
post-release control.
(E) The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the offender
and the service of that term of imprisonment if any of the
following apply:
(1) A person is convicted of or pleads guilty to a violent
sex offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent predator.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January 2, 2007, and either the court does
not impose a sentence of life without parole when authorized
pursuant to division (B) of section 2907.02 of the Revised Code,
or division (B) of section 2907.02 of the Revised Code provides
that the court shall not sentence the offender pursuant to section
2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after January 2, 2007, and a specification of
the type described in section 2941.1418, 2941.1419, or 2941.1420
of the Revised Code.
(4) A person is convicted of or pleads guilty to a violation
of section 2905.01 of the Revised Code committed on or after
January 1, 2008, and that section requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(5) A person is convicted of or pleads guilty to aggravated
murder committed on or after January 1, 2008, and division
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or
(E)(1)(d) of section 2929.03, or division (A) or (B) of section
2929.06 of the Revised Code requires the court to sentence the
offender pursuant to division (B)(3) of section 2971.03 of the
Revised Code.
(6) A person is convicted of or pleads guilty to murder
committed on or after January 1, 2008, and division (B)(2) of
section 2929.02 of the Revised Code requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(F) If a person who has been convicted of or pleaded guilty
to a felony is sentenced to a prison term or term of imprisonment
under this section, sections 2929.02 to 2929.06 of the Revised
Code, section 2929.142 of the Revised Code, section 2971.03 of the
Revised Code, or any other provision of law, section 5120.163 of
the Revised Code applies regarding the person while the person is
confined in a state correctional institution.
(G) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence also is convicted of or
pleads guilty to a specification of the type described in section
2941.142 of the Revised Code that charges the offender with having
committed the felony while participating in a criminal gang, the
court shall impose upon the offender an additional prison term of
one, two, or three years.
(H)(1) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a felony of the first, second, or
third degree that is an offense of violence also is convicted of
or pleads guilty to a specification of the type described in
section 2941.143 of the Revised Code that charges the offender
with having committed the offense in a school safety zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall serve the additional two years consecutively to and
prior to the prison term imposed for the underlying offense.
(2)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and to a specification of the type described
in section 2941.1421 of the Revised Code and if the court imposes
a prison term on the offender for the felony violation, the court
may impose upon the offender an additional prison term as follows:
(i) Subject to division (H)(2)(a)(ii) of this section, an
additional prison term of one, two, three, four, five, or six
months;
(ii) If the offender previously has been convicted of or
pleaded guilty to one or more felony or misdemeanor violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional prison term of one, two, three, four, five, six, seven,
eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under
division (H)(2)(a) of this section, the court may directly impose
on the offender a sanction that requires the offender to wear a
real-time processing, continual tracking electronic monitoring
device during the period of time specified by the court. The
period of time specified by the court shall equal the duration of
an additional prison term that the court could have imposed upon
the offender under division (H)(2)(a) of this section. A sanction
imposed under this division shall commence on the date specified
by the court, provided that the sanction shall not commence until
after the offender has served the prison term imposed for the
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and any residential sanction imposed for the
violation under section 2929.16 of the Revised Code. A sanction
imposed under this division shall be considered to be a community
control sanction for purposes of section 2929.15 of the Revised
Code, and all provisions of the Revised Code that pertain to
community control sanctions shall apply to a sanction imposed
under this division, except to the extent that they would by their
nature be clearly inapplicable. The offender shall pay all costs
associated with a sanction imposed under this division, including
the cost of the use of the monitoring device.
(I) At the time of sentencing, the court may recommend the
offender for placement in a program of shock incarceration under
section 5120.031 of the Revised Code or for placement in an
intensive program prison under section 5120.032 of the Revised
Code, disapprove placement of the offender in a program of shock
incarceration or an intensive program prison of that nature, or
make no recommendation on placement of the offender. In no case
shall the department of rehabilitation and correction place the
offender in a program or prison of that nature unless the
department determines as specified in section 5120.031 or 5120.032
of the Revised Code, whichever is applicable, that the offender is
eligible for the placement.
If the court disapproves placement of the offender in a
program or prison of that nature, the department of rehabilitation
and correction shall not place the offender in any program of
shock incarceration or intensive program prison.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison,
and if the offender is subsequently placed in the recommended
program or prison, the department shall notify the court of the
placement and shall include with the notice a brief description of
the placement.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison
and the department does not subsequently place the offender in the
recommended program or prison, the department shall send a notice
to the court indicating why the offender was not placed in the
recommended program or prison.
If the court does not make a recommendation under this
division with respect to an offender and if the department
determines as specified in section 5120.031 or 5120.032 of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and determine if there is an
available program of shock incarceration or an intensive program
prison for which the offender is suited. If there is an available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the proposed placement of the offender as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief description of the placement. The court
shall have ten days from receipt of the notice to disapprove the
placement.
(J) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
Sec. 2941.144. (A) Imposition of a six-year mandatory prison
term upon an offender under division (B)(1)(a) of section 2929.14
of the Revised Code is precluded unless the indictment, count in
the indictment, or information charging the offense specifies that
the offender had a firearm that is an automatic firearm or that
was equipped with a firearm muffler or silencer suppressor on or
about the offender's person or under the offender's control while
committing the offense. The specification shall be stated at the
end of the body of the indictment, count, or information and shall
be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The
Grand Jurors (or insert the person's or the prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the offender had a firearm that is an automatic firearm or
that was equipped with a firearm muffler or silencer suppressor on
or about the offender's person or under the offender's control
while committing the offense)."
(B) Imposition of a six-year mandatory prison term upon an
offender under division (B)(1)(a) of section 2929.14 of the
Revised Code is precluded if a court imposes a three-year or
one-year mandatory prison term on the offender under that division
relative to the same felony.
(C) The specification described in division (A) of this
section may be used in a delinquent child proceeding in the manner
and for the purpose described in section 2152.17 of the Revised
Code.
(D) As used in this section, "firearm" and "automatic
firearm" have the same meanings as in section 2923.11 of the
Revised Code.
SECTION 2. That existing sections 109.69, 109.731, 311.41,
311.42, 2923.11, 2923.124, 2923.125, 2923.126, 2923.128,
2923.1213, 2923.13, 2923.17, 2929.14, and 2941.144 and sections
2923.1210 and 2923.22 of the Revised Code are hereby repealed.
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