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H. B. No. 236 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Brenner, Maag, Adams, J., Thompson, Lynch, Beck
A BILL
To amend sections 2923.122, 2923.123, 2923.126, and
2923.1212 of the Revised Code to generally
authorize a person who is a state or local
government official and has a valid concealed
handgun license to carry a handgun concealed into
any publicly owned facility that is not a secure
facility and to amend the versions of sections
2923.126 and 2923.1212 of the Revised Code that
are scheduled to take effect on January 1, 2014,
to continue the provisions of this act on and
after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2923.122, 2923.123, 2923.126, and
2923.1212 of the Revised Code be amended to read as follows:
Sec. 2923.122. (A) No person shall knowingly convey, or
attempt to convey, a deadly weapon or dangerous ordnance into a
school safety zone.
(B) No person shall knowingly possess a deadly weapon or
dangerous ordnance in a school safety zone.
(C) No person shall knowingly possess an object in a school
safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether
or not the object is capable of being fired.
(2) The person indicates that the person possesses the object
and that it is a firearm, or the person knowingly displays or
brandishes the object and indicates that it is a firearm.
(D)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or a law enforcement officer, who is
authorized to carry deadly weapons or dangerous ordnance and is
acting within the scope of the officer's, agent's, or employee's
duties, a security officer employed by a board of education or
governing body of a school during the time that the security
officer is on duty pursuant to that contract of employment, or any
other person who has written authorization from the board of
education or governing body of a school to convey deadly weapons
or dangerous ordnance into a school safety zone or to possess a
deadly weapon or dangerous ordnance in a school safety zone and
who conveys or possesses the deadly weapon or dangerous ordnance
in accordance with that authorization;
(b) Any person who is employed in this state, who is
authorized to carry deadly weapons or dangerous ordnance, and who
is subject to and in compliance with the requirements of section
109.801 of the Revised Code, unless the appointing authority of
the person has expressly specified that the exemption provided in
division (D)(1)(b) of this section does not apply to the person;
(c) Any government official who conveys or attempts to convey
a handgun into, or possesses a handgun in, a school safety zone if
all of the following apply:
(i) The official has been issued and at the time of the
conveyance, attempted conveyance, or possession is carrying a
valid concealed handgun license.
(ii) The official, while in the school safety zone, is
traveling to, is traveling from, or is in a building that is a
courthouse, is another building or structure in which a courtroom
is located, or is a facility of the type described in division
(B)(5)(b), (7)(b), (9)(a), or (9)(b) of section 2923.126 of the
Revised Code, and the building is not a secure facility.
(iii) The official is not knowingly in an unauthorized place
specified in division (B)(1) or (B)(3) to (10) of section 2923.126
of the Revised Code and is not knowingly conveying, attempting to
convey, or possessing the firearm in any prohibited manner listed
in the particular division.
(2) Division (C) of this section does not apply to premises
upon which home schooling is conducted. Division (C) of this
section also does not apply to a school administrator, teacher, or
employee who possesses an object that is indistinguishable from a
firearm for legitimate school purposes during the course of
employment, a student who uses an object that is indistinguishable
from a firearm under the direction of a school administrator,
teacher, or employee, or any other person who with the express
prior approval of a school administrator possesses an object that
is indistinguishable from a firearm for a legitimate purpose,
including the use of the object in a ceremonial activity, a play,
reenactment, or other dramatic presentation, or a ROTC activity or
another similar use of the object.
(3) This section does not apply to a person who conveys or
attempts to convey a handgun into, or possesses a handgun in, a
school safety zone if, at the time of that conveyance, attempted
conveyance, or possession of the handgun, all of the following
apply:
(a) The person does not enter into a school building or onto
school premises and is not at a school activity.
(b) The person is carrying a valid concealed handgun license.
(c) The person is in the school safety zone in accordance
with 18 U.S.C. 922(q)(2)(B).
(d) The person is not knowingly in a place described in
division (B)(1) or (B)(3) to (10) of section 2923.126 of the
Revised Code.
(4) This section does not apply to a person who conveys or
attempts to convey a handgun into, or possesses a handgun in, a
school safety zone if at the time of that conveyance, attempted
conveyance, or possession of the handgun all of the following
apply:
(a) The person is carrying a valid concealed handgun license.
(b) The person is the driver or passenger in a motor vehicle
and is in the school safety zone while immediately in the process
of picking up or dropping off a child.
(c) The person is not in violation of section 2923.16 of the
Revised Code.
(E)(1) Whoever violates division (A) or (B) of this section
is guilty of illegal conveyance or possession of a deadly weapon
or dangerous ordnance in a school safety zone. Except as otherwise
provided in this division, illegal conveyance or possession of a
deadly weapon or dangerous ordnance in a school safety zone is a
felony of the fifth degree. If the offender previously has been
convicted of a violation of this section, illegal conveyance or
possession of a deadly weapon or dangerous ordnance in a school
safety zone is a felony of the fourth degree.
(2) Whoever violates division (C) of this section is guilty
of illegal possession of an object indistinguishable from a
firearm in a school safety zone. Except as otherwise provided in
this division, illegal possession of an object indistinguishable
from a firearm in a school safety zone is a misdemeanor of the
first degree. If the offender previously has been convicted of a
violation of this section, illegal possession of an object
indistinguishable from a firearm in a school safety zone is a
felony of the fifth degree.
(F)(1) In addition to any other penalty imposed upon a person
who is convicted of or pleads guilty to a violation of this
section and subject to division (F)(2) of this section, if the
offender has not attained nineteen years of age, regardless of
whether the offender is attending or is enrolled in a school
operated by a board of education or for which the state board of
education prescribes minimum standards under section 3301.07 of
the Revised Code, the court shall impose upon the offender a class
four suspension of the offender's probationary driver's license,
restricted license, driver's license, commercial driver's license,
temporary instruction permit, or probationary commercial driver's
license that then is in effect from the range specified in
division (A)(4) of section 4510.02 of the Revised Code and shall
deny the offender the issuance of any permit or license of that
type during the period of the suspension.
If the offender is not a resident of this state, the court
shall impose a class four suspension of the nonresident operating
privilege of the offender from the range specified in division
(A)(4) of section 4510.02 of the Revised Code.
(2) If the offender shows good cause why the court should not
suspend one of the types of licenses, permits, or privileges
specified in division (F)(1) of this section or deny the issuance
of one of the temporary instruction permits specified in that
division, the court in its discretion may choose not to impose the
suspension, revocation, or denial required in that division, but
the court, in its discretion, instead may require the offender to
perform community service for a number of hours determined by the
court.
(G) As used in this section, "object:
(1) "Object that is indistinguishable from a firearm" means
an object made, constructed, or altered so that, to a reasonable
person without specialized training in firearms, the object
appears to be a firearm.
(2) "Government official" and "secure facility" have the same
meanings as in section 2923.126 of the Revised Code.
Sec. 2923.123. (A) No person shall knowingly convey or
attempt to convey a deadly weapon or dangerous ordnance into a
courthouse or into another building or structure in which a
courtroom is located.
(B) No person shall knowingly possess or have under the
person's control a deadly weapon or dangerous ordnance in a
courthouse or in another building or structure in which a
courtroom is located.
(C) This section does not apply to any of the following:
(1) Except as provided in division (E) of this section, a
judge of a court of record of this state or a magistrate;
(2) A peace officer, officer of a law enforcement agency,
government official, or person who is in either any of the
following categories:
(a) Except as provided in division (E) of this section, a
peace officer, or an officer of a law enforcement agency of
another state, a political subdivision of another state, or the
United States, who is authorized to carry a deadly weapon or
dangerous ordnance, who possesses or has under that individual's
control a deadly weapon or dangerous ordnance as a requirement of
that individual's duties, and who is acting within the scope of
that individual's duties at the time of that possession or
control;
(b) Except as provided in division (E) of this section, a
person who is employed in this state, who is authorized to carry a
deadly weapon or dangerous ordnance, who possesses or has under
that individual's control a deadly weapon or dangerous ordnance as
a requirement of that person's duties, and who is subject to and
in compliance with the requirements of section 109.801 of the
Revised Code, unless the appointing authority of the person has
expressly specified that the exemption provided in division
(C)(2)(b) of this section does not apply to the person;
(c) A government official who conveys or attempts to convey a
handgun into, or possesses or has under the official's control a
handgun in, a courthouse or another building or structure in which
a courtroom is located if the official has been issued and at the
time of the conveyance, attempted conveyance, possession, or
control is carrying a valid concealed handgun license, and the
courthouse, building, or structure is not a secure facility.
(3) A person who conveys, attempts to convey, possesses, or
has under the person's control a deadly weapon or dangerous
ordnance that is to be used as evidence in a pending criminal or
civil action or proceeding;
(4) Except as provided in division (E) of this section, a
bailiff or deputy bailiff of a court of record of this state who
is authorized to carry a firearm pursuant to section 109.77 of the
Revised Code, who possesses or has under that individual's control
a firearm as a requirement of that individual's duties, and who is
acting within the scope of that individual's duties at the time of
that possession or control;
(5) Except as provided in division (E) of this section, a
prosecutor, or a secret service officer appointed by a county
prosecuting attorney, who is authorized to carry a deadly weapon
or dangerous ordnance in the performance of the individual's
duties, who possesses or has under that individual's control a
deadly weapon or dangerous ordnance as a requirement of that
individual's duties, and who is acting within the scope of that
individual's duties at the time of that possession or control;
(6) Except as provided in division (E) of this section, a
person who conveys or attempts to convey a handgun into a
courthouse or into another building or structure in which a
courtroom is located, who, at the time of the conveyance or
attempt, is carrying a valid concealed handgun license, and who
transfers possession of the handgun to the officer or officer's
designee who has charge of the courthouse or building. The officer
shall secure the handgun until the licensee is prepared to leave
the premises. The exemption described in this division does not
limit or affect the right of a government official described in
division (C)(2)(c) of this section to convey, attempt to convey,
possess, or have under control a handgun as described in that
division. The exemption described in this division applies only if
the officer who has charge of the courthouse or building provides
services of the nature described in this division. An officer who
has charge of the courthouse or building is not required to offer
services of the nature described in this division.
(D)(1) Whoever violates division (A) of this section is
guilty of illegal conveyance of a deadly weapon or dangerous
ordnance into a courthouse. Except as otherwise provided in this
division, illegal conveyance of a deadly weapon or dangerous
ordnance into a courthouse is a felony of the fifth degree. If the
offender previously has been convicted of a violation of division
(A) or (B) of this section, illegal conveyance of a deadly weapon
or dangerous ordnance into a courthouse is a felony of the fourth
degree.
(2) Whoever violates division (B) of this section is guilty
of illegal possession or control of a deadly weapon or dangerous
ordnance in a courthouse. Except as otherwise provided in this
division, illegal possession or control of a deadly weapon or
dangerous ordnance in a courthouse is a felony of the fifth
degree. If the offender previously has been convicted of a
violation of division (A) or (B) of this section, illegal
possession or control of a deadly weapon or dangerous ordnance in
a courthouse is a felony of the fourth degree.
(E) The exemptions described in divisions (C)(1), (2)(a),
(2)(b), (4), (5), and (6) of this section do not apply to any
judge, magistrate, peace officer, officer of a law enforcement
agency, bailiff, deputy bailiff, prosecutor, secret service
officer, or other person described in any of those divisions if a
rule of superintendence or another type of rule adopted by the
supreme court pursuant to Article IV, Ohio Constitution, or an
applicable local rule of court prohibits all persons from
conveying or attempting to convey a deadly weapon or dangerous
ordnance into a courthouse or into another building or structure
in which a courtroom is located or from possessing or having under
one's control a deadly weapon or dangerous ordnance in a
courthouse or in another building or structure in which a
courtroom is located.
(F) As used in this section:
(1) "Magistrate" means an individual who is appointed by a
court of record of this state and who has the powers and may
perform the functions specified in Civil Rule 53, Criminal Rule
19, or Juvenile Rule 40.
(2) "Peace officer" and "prosecutor" have the same meanings
as in section 2935.01 of the Revised Code.
(3) "Government official" and "secure facility" have the same
meanings as in section 2923.126 of the Revised Code.
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 5119.02 of the Revised Code or division (A)(1) of section
5123.03 of the Revised Code;
(2) A school safety zone if the licensee's carrying the
concealed handgun is in violation of section 2923.122 of the
Revised Code;
(3) A courthouse or another building or structure in which a
courtroom is located, if the licensee's carrying the concealed
handgun is 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 one or more of the following applies:
(a) 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;.
(b) The licensee is a government official, the premises is
owned or leased by a public college, university, or other
institution of higher education, and the premises is not a secure
facility.
(6) Any church, synagogue, mosque, or other place of worship,
unless the church, synagogue, mosque, or other place of worship
posts or permits otherwise;
(7) A child day-care center, a type A family day-care home, a
type B family day-care home, or a type C family day-care home,
except that this division does not prohibit a any of the
following:
(a) A licensee who resides in a type A family day-care home,
a type B family day-care home, or a type C family day-care home
from carrying a concealed handgun at any time in any part of the
home that is not dedicated or used for day-care purposes, or from
carrying a concealed handgun in a part of the home that is
dedicated or used for day-care purposes at any time during which
no children, other than children of that licensee, are in the
home;
(b) A licensee who is a government official from carrying a
concealed handgun at any time in a child day-care center, a type A
family day-care home, a type B family day-care home, or a type C
family day-care home that is operated by the government of this
state or a political subdivision of this state and is not a secure
facility.
(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 unless one or
more of the following applies:
(a) The building 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;.
(b) The licensee is a government official, and the building
is not a secure facility.
(10) A place in which federal law prohibits the carrying of
handguns.
(C)(1) Nothing (a) Except as provided in division (C)(1)(b)
of this section, 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.
(b) A private employer that leases premises owned by the
state or a political subdivision of the state may not adopt or
enforce a rule, policy, or practice that prohibits or restricts a
licensee who is a government official from carrying a concealed
handgun into the leased premises unless the leased premises is a
secure facility. This division does not affect any restriction
imposed under division (B) of this section on the carrying of a
concealed handgun by a licensee who is a government official.
(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) or (c) of
this section, the owner or person in control of private land or
premises, and a private person or entity leasing land or premises
owned by the state, the United States, or a political subdivision
of the state or the United States, may post a sign in a
conspicuous location on that land or on those premises prohibiting
persons from carrying firearms or concealed firearms on or onto
that land or those premises. Except as otherwise provided in this
division, a person who knowingly violates a posted prohibition of
that nature is guilty of criminal trespass in violation of
division (A)(4) of section 2911.21 of the Revised Code and is
guilty of a misdemeanor of the fourth degree. If a person
knowingly violates a posted prohibition of that nature and the
posted land or premises primarily was a parking lot or other
parking facility, the person is not guilty of criminal trespass in
violation of division (A)(4) of section 2911.21 of the Revised
Code and instead is subject only to a civil cause of action for
trespass based on the violation.
(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) A private person or entity that leases premises owned by
the state or a political subdivision of the state may not prohibit
or restrict a licensee who is a government official from carrying
a concealed handgun on or onto the leased premises unless the
leased premises is a secure facility. This division does not
affect any restriction imposed under division (B) of this section
on the carrying of a concealed handgun by a licensee who is a
government official.
(d) 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 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 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.
(4) "Government official" means any elected or appointed
officer or employee of the state or any political subdivision of
the state.
(5) "Secure facility" means a facility that is operated, or
designed and operated, to ensure that all of its entrances and
exits are locked or under the exclusive control of its staff and
that no person may enter into the facility unless one or more of
the following apply with respect to the person entering:
(a) The person has passed through or been scanned by a metal
detection device or has been scanned by a metal detection wand.
(b) The facility is in a school safety zone, and the person
is a person described in division (D)(1)(a) or (b) of section
2923.122 of the Revised Code.
(c) The facility is a courthouse or another building or
structure in which a courtroom is located, the exception described
in division (E) of section 2923.123 of the Revised Code does not
apply, and either or both of the following apply:
(i) The person is a person described in division (C)(1), (3),
(4), (5), or (6) of section 2923.123 of the Revised Code, in the
circumstances described in the applicable division.
(ii) The person is a peace officer, an officer of a law
enforcement agency, or a person who is in any category described
in division (C)(2)(a) or (b) of section 2923.123 of the Revised
Code.
(d) The facility is a child day-care center, a type A family
day-care home, a type B family day-care home, or a type C family
day-care home, and the person is a person described in division
(B)(7)(a) of this section, in the circumstances described in that
division.
(e) The facility is a building that is a government facility
of this state or a political subdivision of this state and is of a
type described in division (B)(9)(a) of section 2923.126 of the
Revised Code, and the person is a concealed handgun licensee.
(f) With respect to any facility that is not described in
division (G)(5)(b) or (c) of this section, the person is a peace
officer in the performance of the officer's duties.
Sec. 2923.1212. (A) The Subject to division (C) of this
section, the following persons, boards, and entities, or
designees, shall post in the following locations a sign that
contains a statement in substantially the following form: "Unless
otherwise authorized by law, pursuant to the Ohio Revised Code, no
person shall knowingly possess, have under the person's control,
convey, or attempt to convey a deadly weapon or dangerous ordnance
onto these premises.":
(1) The director of public safety or the person or board
charged with the erection, maintenance, or repair of police
stations, municipal jails, and the municipal courthouse and
courtrooms in a conspicuous location at all police stations,
municipal jails, and municipal courthouses and courtrooms;
(2) The sheriff or sheriff's designee who has charge of the
sheriff's office in a conspicuous location in that office;
(3) The superintendent of the state highway patrol or the
superintendent's designee in a conspicuous location at all state
highway patrol stations;
(4) Each sheriff, chief of police, or person in charge of
every county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or other local or state correctional institution or
detention facility within the state, or that person's designee, in
a conspicuous location at that facility under that person's
charge;
(5) The board of trustees of a regional airport authority,
chief administrative officer of an airport facility, or other
person in charge of an airport facility in a conspicuous location
at each airport facility under that person's control;
(6) The officer or officer's designee who has charge of a
courthouse or the building or structure in which a courtroom is
located in a conspicuous location in that building or structure;
(7) The superintendent of the bureau of criminal
identification and investigation or the superintendent's designee
in a conspicuous location in all premises controlled by that
bureau;
(8) The owner, administrator, or operator of a child day-care
center, a type A family day-care home, a type B family day-care
home, or a type C family day-care home;
(9) The officer of this state or of a political subdivision
of this state, or the officer's designee, who has charge of a
building that is a government facility of this state or the
political subdivision of this state, as defined in section
2923.126 of the Revised Code, 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 that section.
(B) The Subject to division (C) of this section, the
following boards, bodies, and persons, or designees, shall post in
the following locations a sign that contains a statement in
substantially the following form: "Unless otherwise authorized by
law, pursuant to Ohio Revised Code section 2923.122, no person
shall knowingly possess, have under the person's control, convey,
or attempt to convey a deadly weapon or dangerous ordnance into a
school safety zone.":
(1) A board of education of a city, local, exempted village,
or joint vocational school district or that board's designee in a
conspicuous location in each building and on each parcel of real
property owned or controlled by the board;
(2) A governing body of a school for which the state board of
education prescribes minimum standards under section 3301.07 of
the Revised Code or that body's designee in a conspicuous location
in each building and on each parcel of real property owned or
controlled by the school;
(3) The principal or chief administrative officer of a
nonpublic school in a conspicuous location on property owned or
controlled by that nonpublic school.
(C) If any premises identified in division (A) or (B) of this
section is not a secure facility, and if under any provision of
division (B) of section 2923.126 of the Revised Code a person who
is a government official and who has been issued and possesses a
valid concealed handgun license may carry a concealed handgun into
or in the premises, the sign posted by the person, board, entity,
or designee under division (A) or (B) of this section shall
include the statements required under division (A) or (B) of this
section and a statement that the restriction described in the sign
does not apply to a government official who has been issued and
possesses a valid concealed handgun license and who possesses a
concealed handgun.
(D) As used in this section, "government official" and
"secure facility" have the same meanings as in section 2923.126 of
the Revised Code.
Section 2. That existing sections 2923.122, 2923.123,
2923.126, and 2923.1212 of the Revised Code are hereby repealed.
Section 3. That the versions of sections 2923.126 and
2923.1212 of the Revised Code that are scheduled to take effect on
January 1, 2014, be amended to read as follows:
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 5119.02 of the Revised Code or division (A)(1) of section
5123.03 of the Revised Code;
(2) A school safety zone if the licensee's carrying the
concealed handgun is in violation of section 2923.122 of the
Revised Code;
(3) A courthouse or another building or structure in which a
courtroom is located, if the licensee's carrying the concealed
handgun is 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 one or more of the following applies:
(a) 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;.
(b) The licensee is a government official, the premises is
owned or leased by a public college, university, or other
institution of higher education, and the premises is not a secure
facility.
(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 any of the following:
(a) 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;
(b) A licensee who is a government official from carrying a
concealed handgun at any time in a child day-care center, a type A
family day-care home, or a type B family day-care home that is
operated by the government of this state or a political
subdivision of this state and is not a secure facility.
(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 unless one or
more of the following applies:
(a) The building 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;.
(b) The licensee is a government official, and the facility
is not a secure facility.
(10) A place in which federal law prohibits the carrying of
handguns.
(C)(1) Nothing (a) Except as provided in division (C)(1)(b)
of this section, 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.
(b) A private employer that leases premises owned by the
state or a political subdivision of the state may not adopt or
enforce a rule, policy, or practice that prohibits or restricts a
licensee who is a government official from carrying a concealed
handgun into the leased premises unless the leased premises is a
secure facility. This division does not affect any restriction
imposed under division (B) of this section on the carrying of a
concealed handgun by a licensee who is a government official.
(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) or (c) of
this section, the owner or person in control of private land or
premises, and a private person or entity leasing land or premises
owned by the state, the United States, or a political subdivision
of the state or the United States, may post a sign in a
conspicuous location on that land or on those premises prohibiting
persons from carrying firearms or concealed firearms on or onto
that land or those premises. Except as otherwise provided in this
division, a person who knowingly violates a posted prohibition of
that nature is guilty of criminal trespass in violation of
division (A)(4) of section 2911.21 of the Revised Code and is
guilty of a misdemeanor of the fourth degree. If a person
knowingly violates a posted prohibition of that nature and the
posted land or premises primarily was a parking lot or other
parking facility, the person is not guilty of criminal trespass in
violation of division (A)(4) of section 2911.21 of the Revised
Code and instead is subject only to a civil cause of action for
trespass based on the violation.
(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) A private person or entity that leases premises owned by
the state or a political subdivision of the state may not prohibit
or restrict a licensee who is a government official from carrying
a concealed handgun on or onto the leased premises unless the
leased premises is a secure facility. This division does not
affect any restriction imposed under division (B) of this section
on the carrying of a concealed handgun by a licensee who is a
government official.
(d) 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 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 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.
(4) "Government official" means any elected or appointed
officer or employee of the state or any political subdivision of
the state.
(5) "Secure facility" means a facility that is operated, or
designed and operated, to ensure that all of its entrances and
exits are locked or under the exclusive control of its staff and
that no person may enter into the facility unless one or more of
the following apply with respect to the person entering:
(a) The person has passed through or been scanned by a metal
detection device or has been scanned by a metal detection wand.
(b) The facility is in a school safety zone, and the person
is a person described in division (D)(1)(a) or (b) of section
2923.122 of the Revised Code.
(c) The facility is a courthouse or another building or
structure in which a courtroom is located, the exception described
in division (E) of section 2923.123 of the Revised Code does not
apply, and either or both of the following apply:
(i) The person is a person described in division (C)(1), (3),
(4), (5), or (6) of section 2923.123 of the Revised Code, in the
circumstances described in the applicable division.
(ii) The person is a peace officer, an officer of a law
enforcement agency, or a person who is in any category described
in division (C)(2)(a) or (b) of section 2923.123 of the Revised
Code.
(d) The facility is a child day-care center, a type A family
day-care home, a type B family day-care home, or a type C family
day-care home, and the person is a person described in division
(B)(7)(a) of this section, in the circumstances described in that
division.
(e) The facility is a building that is a government facility
of this state or a political subdivision of this state and is of a
type described in division (B)(9)(a) of section 2923.126 of the
Revised Code, and the person is a concealed handgun licensee.
(f) With respect to any facility that is not described in
division (G)(5)(b) or (c) of this section, the person is a peace
officer in the performance of the officer's duties.
Sec. 2923.1212. (A) The Subject to division (C) of this
section, the following persons, boards, and entities, or
designees, shall post in the following locations a sign that
contains a statement in substantially the following form: "Unless
otherwise authorized by law, pursuant to the Ohio Revised Code, no
person shall knowingly possess, have under the person's control,
convey, or attempt to convey a deadly weapon or dangerous ordnance
onto these premises.":
(1) The director of public safety or the person or board
charged with the erection, maintenance, or repair of police
stations, municipal jails, and the municipal courthouse and
courtrooms in a conspicuous location at all police stations,
municipal jails, and municipal courthouses and courtrooms;
(2) The sheriff or sheriff's designee who has charge of the
sheriff's office in a conspicuous location in that office;
(3) The superintendent of the state highway patrol or the
superintendent's designee in a conspicuous location at all state
highway patrol stations;
(4) Each sheriff, chief of police, or person in charge of
every county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or other local or state correctional institution or
detention facility within the state, or that person's designee, in
a conspicuous location at that facility under that person's
charge;
(5) The board of trustees of a regional airport authority,
chief administrative officer of an airport facility, or other
person in charge of an airport facility in a conspicuous location
at each airport facility under that person's control;
(6) The officer or officer's designee who has charge of a
courthouse or the building or structure in which a courtroom is
located in a conspicuous location in that building or structure;
(7) The superintendent of the bureau of criminal
identification and investigation or the superintendent's designee
in a conspicuous location in all premises controlled by that
bureau;
(8) The owner, administrator, or operator of a child day-care
center, a type A family day-care home, or a type B family day-care
home;
(9) The officer of this state or of a political subdivision
of this state, or the officer's designee, who has charge of a
building that is a government facility of this state or the
political subdivision of this state, as defined in section
2923.126 of the Revised Code, 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 that section.
(B) The Subject to division (C) of this section, the
following boards, bodies, and persons, or designees, shall post in
the following locations a sign that contains a statement in
substantially the following form: "Unless otherwise authorized by
law, pursuant to Ohio Revised Code section 2923.122, no person
shall knowingly possess, have under the person's control, convey,
or attempt to convey a deadly weapon or dangerous ordnance into a
school safety zone.":
(1) A board of education of a city, local, exempted village,
or joint vocational school district or that board's designee in a
conspicuous location in each building and on each parcel of real
property owned or controlled by the board;
(2) A governing body of a school for which the state board of
education prescribes minimum standards under section 3301.07 of
the Revised Code or that body's designee in a conspicuous location
in each building and on each parcel of real property owned or
controlled by the school;
(3) The principal or chief administrative officer of a
nonpublic school in a conspicuous location on property owned or
controlled by that nonpublic school.
(C) If any premises identified in division (A) or (B) of this
section is not a secure facility, and if under any provision of
division (B) of section 2923.126 of the Revised Code a person who
is a government official and who has been issued and possesses a
valid concealed handgun license may carry a concealed handgun into
or in the premises, the sign posted by the person, board, entity,
or designee under division (A) or (B) of this section shall
include the statements required under division (A) or (B) of this
section and a statement that the restriction described in the sign
does not apply to a government official who has been issued and
possesses a valid concealed handgun license and who possesses a
concealed handgun.
(D) As used in this section, "government official" and
"secure facility" have the same meanings as in section 2923.126 of
the Revised Code.
Section 4. That the existing versions of sections 2923.126
and 2923.1212 of the Revised Code that are scheduled to take
effect on January 1, 2014, are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect on
January 1, 2014.
Section 6. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 2923.122 of the Revised Code as amended by both Am.
Sub. H.B. 495 and Am. Sub. S.B. 337 of the 129th General Assembly.
Section 2923.126 of the Revised Code as amended by both Am.
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly,
that is scheduled to take effect January 1, 2014.
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