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H. B. No. 387 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Hood, Lynch
Cosponsors:
Representatives Thompson, Adams, J., Brenner, Young, Becker, Roegner, Maag, Retherford
A BILL
To amend sections 109.69, 109.731, 1547.69, 2923.11,
2923.12, 2923.121, 2923.122, 2923.123, 2923.124,
2923.125, 2923.126, 2923.128, 2923.129, 2923.1210,
2923.1213, 2923.16, and 4749.10, and to enact
section 2923.111 of the Revised Code to allow a
person who has a concealed handgun license to
carry concealed all firearms other than dangerous
ordnance or firearms that state or federal law
prohibits the person from possessing; to provide
that a person 21 years of age or older and not
legally prohibited from possessing or receiving a
firearm by federal law does not need a concealed
handgun license in order to carry or have
concealed on the person's person or ready at hand
a firearm and is subject to the same laws
regarding carrying a concealed firearm as a person
who has a concealed handgun license; and to amend
the versions of sections 2923.124 and 2923.126 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 109.69, 109.731, 1547.69, 2923.11,
2923.12, 2923.121, 2923.122, 2923.123, 2923.124, 2923.125,
2923.126, 2923.128, 2923.129, 2923.1210, 2923.1213, 2923.16, and
4749.10 be amended and section 2923.111 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 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) As used in this section:
(1) "Handgun," "firearm," and "concealed handgun license"
have the same meanings as in section 2923.11 of the Revised Code.
(2) "License-issuing state" means a state other than this
state that, pursuant to law, provides for the issuance of a
license to carry a concealed handgun or a license to carry a
concealed firearm.
Sec. 109.731. (A) The Ohio peace officer training commission
shall prescribe, and shall make available to sheriffs, all of the
following:
(1) 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 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) It has space for the licensee's full name, residence
address, and date of birth and for a color photograph of the
licensee.
(b) 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)
of this section.
(c) It has space for the signature of the licensee and the
signature or a facsimile signature of the sheriff who issues the
license.
(d) It does not require the licensee to include serial
numbers of handguns firearms, other identification related to
handguns firearms, 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 firearms owned by the
licensee.
(3) A series of three-letter county codes that identify each
county in this state;
(4) 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) 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) to (d) 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,"
"firearm," and "handgun" have the same meanings as in section
2923.11 of the Revised Code.
Sec. 1547.69. (A) As used in this section:
(1) "Firearm," "concealed handgun license," "handgun,"
"restricted firearm," and "valid concealed handgun license" have
the same meanings as in section 2923.11 of the Revised Code.
(2) "Unloaded" has the same meanings as in divisions (K)(5)
and (6) of section 2923.16 of the Revised Code, except that all
references in the definition in division (K)(5) of that section to
"vehicle" shall be construed for purposes of this section to be
references to "vessel."
(B) No person shall knowingly discharge a firearm while in or
on a vessel.
(C) No person shall knowingly transport or have a loaded
firearm in a vessel in a manner that the firearm is accessible to
the operator or any passenger.
(D) No person shall knowingly transport or have a firearm in
a vessel unless it is unloaded and is carried in one of the
following ways:
(1) In a closed package, box, or case;
(2) In plain sight with the action opened or the weapon
stripped, or, if the firearm is of a type on which the action will
not stay open or that cannot easily be stripped, in plain sight.
(E)(1) The affirmative defenses authorized in divisions
(D)(1) and (2) of section 2923.12 of the Revised Code are
affirmative defenses to a charge under division (C) or (D) of this
section that involves a firearm other than a handgun if division
(H)(2) of this section does not apply to the person charged. It is
an affirmative defense to a charge under division (C) or (D) of
this section of transporting or having a firearm of any type,
including a handgun, in a vessel that the actor transported or had
the firearm in the vessel for any lawful purpose and while the
vessel was on the actor's own property, provided that this
affirmative defense is not available unless the actor, prior to
arriving at the vessel on the actor's own property, did not
transport or possess the firearm in the vessel or in a motor
vehicle in a manner prohibited by this section or division (B) or
(C) of section 2923.16 of the Revised Code while the vessel was
being operated on a waterway that was not on the actor's own
property or while the motor vehicle was being operated on a
street, highway, or other public or private property used by the
public for vehicular traffic.
(2) No person who is charged with a violation of division (C)
or (D) of this section shall be required to obtain a license or
temporary emergency license to carry a concealed handgun under
section 2923.125 or 2923.1213 of the Revised Code as a condition
for the dismissal of the charge.
(F) Divisions (B), (C), and (D) of this section do not apply
to the possession or discharge of a United States coast guard
approved signaling device required to be carried aboard a vessel
under section 1547.251 of the Revised Code when the signaling
device is possessed or used for the purpose of giving a visual
distress signal. No person shall knowingly transport or possess
any signaling device of that nature in or on a vessel in a loaded
condition at any time other than immediately prior to the
discharge of the signaling device for the purpose of giving a
visual distress signal.
(G) No person shall operate or permit to be operated any
vessel on the waters in this state in violation of this section.
(H)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or of the United States, or to a law enforcement officer, when
authorized to carry or have loaded or accessible firearms in a
vessel and acting within the scope of the officer's, agent's, or
employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry or have loaded or accessible firearms in a
vessel, 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 (H)(1)(b) of this section does
not apply to the person;
(c) Any person legally engaged in hunting.
(2) Divisions (C) and (D) of this section do not apply to a
person who transports or possesses a handgun in a vessel a firearm
that is not a restricted firearm and who, at the time of that
transportation or possession, is carrying a valid concealed
handgun license or is deemed under division (C) of section
2923.111 of the Revised Code to have been issued a concealed
handgun license under section 2923.125 of the Revised Code, unless
the person at that time knowingly is in
a an unauthorized place
on the vessel described specified in division (B) of section
2923.126 of the Revised Code or knowingly is transporting or
possessing the firearm in any prohibited manner listed in that
division.
(I) If a law enforcement officer stops a vessel for a
violation of this section or any other law enforcement purpose, if
any person on the vessel surrenders a firearm to the officer,
either voluntarily or pursuant to a request or demand of the
officer, and if the officer does not charge the person with a
violation of this section or arrest the person for any offense,
the person is not otherwise prohibited by law from possessing the
firearm, and the firearm is not contraband, the officer shall
return the firearm to the person at the termination of the stop.
(J) Division (L) of section 2923.16 of the Revised Code
applies with respect to division (A)(2) of this section, except
that all references in division (L) of section 2923.16 of the
Revised Code to "vehicle," to "this chapter," or to "division
(K)(5)(a) or (b) of this section" shall be construed for purposes
of this section to be, respectively, references to "vessel," to
"section 1547.69 of the Revised Code," and to
"divisions
(K)(5)(a) and (b) of section 2923.16 of the Revised Code as
incorporated under the definition of firearm adopted under
division (A)(2) of this section."
Sec. 2923.11. As used in sections 2923.11 to 2923.24 of the
Revised Code:
(A) "Deadly weapon" means any instrument, device, or thing
capable of inflicting death, and designed or specially adapted for
use as a weapon, or possessed, carried, or used as a weapon.
(B)(1) "Firearm" means any deadly weapon capable of expelling
or propelling one or more projectiles by the action of an
explosive or combustible propellant. "Firearm" includes an
unloaded firearm, and any firearm that is inoperable but that can
readily be rendered operable.
(2) When determining whether a firearm is capable of
expelling or propelling one or more projectiles by the action of
an explosive or combustible propellant, the trier of fact may rely
upon circumstantial evidence, including, but not limited to, the
representations and actions of the individual exercising control
over the firearm.
(C) "Handgun" means any of the following:
(1) Any firearm that has a short stock and is designed to be
held and fired by the use of a single hand;
(2) Any combination of parts from which a firearm of a type
described in division (C)(1) of this section can be assembled.
(D) "Semi-automatic firearm" means any firearm designed or
specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single
function of the trigger.
(E) "Automatic firearm" means any firearm designed or
specially adapted to fire a succession of cartridges with a single
function of the trigger. "Automatic firearm" also means any
semi-automatic firearm designed or specially adapted to fire more
than thirty-one cartridges without reloading, other than a firearm
chambering only .22 caliber short, long, or long-rifle cartridges.
(F) "Sawed-off firearm" means a shotgun with a barrel less
than eighteen inches long, or a rifle with a barrel less than
sixteen inches long, or a shotgun or rifle less than twenty-six
inches long overall.
(G) "Zip-gun" means any of the following:
(1) Any firearm of crude and extemporized manufacture;
(2) Any device, including without limitation a starter's
pistol, that is not designed as a firearm, but that is specially
adapted for use as a firearm;
(3) Any industrial tool, signalling device, or safety device,
that is not designed as a firearm, but that as designed is capable
of use as such, when possessed, carried, or used as a firearm.
(H) "Explosive device" means any device designed or specially
adapted to cause physical harm to persons or property by means of
an explosion, and consisting of an explosive substance or agency
and a means to detonate it. "Explosive device" includes without
limitation any bomb, any explosive demolition device, any blasting
cap or detonator containing an explosive charge, and any pressure
vessel that has been knowingly tampered with or arranged so as to
explode.
(I) "Incendiary device" means any firebomb, and any device
designed or specially adapted to cause physical harm to persons or
property by means of fire, and consisting of an incendiary
substance or agency and a means to ignite it.
(J) "Ballistic knife" means a knife with a detachable blade
that is propelled by a spring-operated mechanism.
(K) "Dangerous ordnance" means any of the following, except
as provided in division (L) of this section:
(1) Any automatic or sawed-off firearm, zip-gun, or ballistic
knife;
(2) Any explosive device or incendiary device;
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,
cyclonite, TNT, picric acid, and other high explosives; amatol,
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high
explosive compositions; plastic explosives; dynamite, blasting
gelatin, gelatin dynamite, sensitized ammonium nitrate,
liquid-oxygen blasting explosives, blasting powder, and other
blasting agents; and any other explosive substance having
sufficient brisance or power to be particularly suitable for use
as a military explosive, or for use in mining, quarrying,
excavating, or demolitions;
(4) Any firearm, rocket launcher, mortar, artillery piece,
grenade, mine, bomb, torpedo, or similar weapon, designed and
manufactured for military purposes, and the ammunition for that
weapon;
(5) Any firearm muffler or silencer;
(6) Any combination of parts that is intended by the owner
for use in converting any firearm or other device into a dangerous
ordnance.
(L) "Dangerous ordnance" does not include any of the
following:
(1) Any firearm, including a military weapon and the
ammunition for that weapon, and regardless of its actual age, that
employs a percussion cap or other obsolete ignition system, or
that is designed and safe for use only with black powder;
(2) Any pistol, rifle, or shotgun, designed or suitable for
sporting purposes, including a military weapon as issued or as
modified, and the ammunition for that weapon, unless the firearm
is an automatic or sawed-off firearm;
(3) Any cannon or other artillery piece that, regardless of
its actual age, is of a type in accepted use prior to 1887, has no
mechanical, hydraulic, pneumatic, or other system for absorbing
recoil and returning the tube into battery without displacing the
carriage, and is designed and safe for use only with black powder;
(4) Black powder, priming quills, and percussion caps
possessed and lawfully used to fire a cannon of a type defined in
division (L)(3) of this section during displays, celebrations,
organized matches or shoots, and target practice, and smokeless
and black powder, primers, and percussion caps possessed and
lawfully used as a propellant or ignition device in small-arms or
small-arms ammunition;
(5) Dangerous ordnance that is inoperable or inert and cannot
readily be rendered operable or activated, and that is kept as a
trophy, souvenir, curio, or museum piece.
(6) Any device that is expressly excepted from the definition
of a destructive device pursuant to the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations
issued under that act.
(M) "Explosive" means any chemical compound, mixture, or
device, the primary or common purpose of which is to function by
explosion. "Explosive" includes all materials that have been
classified as division 1.1, division 1.2, division 1.3, or
division 1.4 explosives by the United States department of
transportation in its regulations and includes, but is not limited
to, dynamite, black powder, pellet powders, initiating explosives,
blasting caps, electric blasting caps, safety fuses, fuse
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and
igniter cords and igniters. "Explosive" does not include
"fireworks," as defined in section 3743.01 of the Revised Code, or
any substance or material otherwise meeting the definition of
explosive set forth in this section that is manufactured, sold,
possessed, transported, stored, or used in any activity described
in section 3743.80 of the Revised Code, provided the activity is
conducted in accordance with all applicable laws, rules, and
regulations, including, but not limited to, the provisions of
section 3743.80 of the Revised Code and the rules of the fire
marshal adopted pursuant to section 3737.82 of the Revised Code.
(N)(1) "Concealed handgun license" or "license to carry a
concealed handgun" means, subject to division (N)(2) of this
section, a license or temporary emergency license to carry a
concealed handgun issued under section 2923.125 or 2923.1213 of
the Revised Code that authorizes the person to whom it is issued
to carry a concealed firearm other than a restricted firearm 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 that authorizes
the person to whom it is issued either to carry a concealed
handgun or to carry a concealed firearm other than a restricted
firearm.
(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.
A reference in any provision of the Revised Code to a person
who is deemed under division (C) of section 2923.111 of the
Revised Code to have been issued a concealed handgun license under
section 2923.125 of the Revised Code means only a person who is so
deemed and does not include a person who has been issued a license
of a type described in division (N)(1) of this section.
(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) "Restricted firearm" means a firearm that is not
dangerous ordnance and that is not a firearm that any law of this
state or the United States prohibits the subject person from
possessing, having, or carrying.
Sec. 2923.111. (A) Notwithstanding any other Revised Code
section to the contrary, subject to the limitations specified in
this division and to division (C)(2) of this section, a person who
is twenty-one years of age or older and is not legally prohibited
from possessing or receiving a firearm under 18 U.S.C. 922(g)(1)
to (9) shall not be required to obtain a concealed handgun license
under section 2923.125 or 2923.1213 of the Revised Code in order
to carry in this state a concealed firearm that is not a
restricted firearm.
Except as provided in divisions (B) and (C) of section
2923.126 of the Revised Code and regardless of whether the person
has been issued a concealed handgun license under section 2923.125
or 2923.1213 of the Revised Code or by another state, a person who
is twenty-one years of age or older and is not legally prohibited
from possessing or receiving a firearm under 18 U.S.C. 922(g)(1)
to (9) may carry a concealed firearm that is not a restricted
firearm anywhere in this state. The person's right to carry a
concealed firearm that is not a restricted firearm that is granted
under this division is the same right as is granted to a person
who was issued a concealed handgun license under section 2923.125
of the Revised Code, and the person described in this division is
subject to the same restrictions as apply to a person who was
issued a license under section 2923.125 of the Revised Code.
(B) The mere carrying or possession of a firearm that is not
a restricted firearm pursuant to the right described in division
(A) of this section, with or without a concealed handgun license
issued under section 2923.125 or 2923.1213 of the Revised Code or
by another state, does not constitute grounds for any law
enforcement officer or any agent of the state, a county, a
municipal corporation, or a township to conduct any search,
seizure, or detention, no matter how temporary in duration, of an
otherwise law-abiding person.
(C)(1) For purposes of sections 1547.69 and 2923.12 to
2923.1213 of the Revised Code and any other provision of law that
refers to a concealed handgun license or a concealed handgun
licensee, except when the context clearly indicates otherwise, a
person who is described in division (A) of this section and is
carrying or has, concealed on the person's person or ready at
hand, a firearm that is not a restricted firearm shall be deemed
to have been issued a concealed handgun license under section
2923.125 of the Revised Code.
(2) The concealed handgun license expiration provisions of
section 2923.125 of the Revised Code and the concealed handgun
license suspension and revocation provisions of section 2923.128
of the Revised Code do not apply with respect to a person who is
described in division (A) of this section unless the person has
been issued a concealed handgun license. If a person is described
in division (A) of this section and the person thereafter comes
within any category of persons specified in 18 U.S.C. 922(g)(1) to
(9) so that the person as a result is legally prohibited under the
applicable provision from possessing or receiving a firearm, both
of the following apply automatically and immediately upon the
person coming within that category:
(a) Division (A) of this section and the authority and right
to carry a concealed firearm that are described in that division
do not apply to the person.
(b) Division (C)(1) of this section does not apply to the
person, and the person no longer is deemed to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code as described in that division.
Sec. 2923.12. (A) No person shall knowingly carry or have,
concealed on the person's person or concealed ready at hand, any
of the following:
(1) A deadly weapon other than a handgun;
(2) A handgun other than a dangerous ordnance;
(3) A dangerous ordnance.
(B) No person who has been issued a concealed handgun license
and is carrying a concealed firearm that is not a restricted
firearm or who is deemed under division (C) of section 2923.111 of
the Revised Code to have been issued a concealed handgun license
under section 2923.125 of the Revised Code and is carrying a
concealed firearm that is not a restricted firearm shall do any of
the following:
(1) If the person is stopped for a law enforcement purpose
and is carrying a concealed handgun, fail to promptly inform any
law enforcement officer who approaches the person after the person
has been stopped that the person has been issued a concealed
handgun license and that the person then is carrying a concealed
handgun firearm and, if the person has been issued a concealed
handgun license, that the person has been issued the license;
(2) If the person is stopped for a law enforcement purpose
and is carrying a concealed handgun, knowingly fail to keep the
person's hands in plain sight at any time after any law
enforcement officer begins approaching the person while stopped
and before the law enforcement officer leaves, unless the failure
is pursuant to and in accordance with directions given by a law
enforcement officer;
(3) If the person is stopped for a law enforcement purpose,
if the person is carrying a concealed handgun, and if the person
is approached by any law enforcement officer while stopped,
knowingly remove or attempt to remove the loaded handgun firearm
from the holster, pocket, or other place in which the person is
carrying it, knowingly grasp or hold the loaded handgun firearm,
or knowingly have contact with the loaded handgun firearm by
touching it with the person's hands or fingers at any time after
the law enforcement officer begins approaching and before the law
enforcement officer leaves, unless the person removes, attempts to
remove, grasps, holds, or has contact with the loaded handgun
firearm pursuant to and in accordance with directions given by the
law enforcement officer;
(4) If the person is stopped for a law enforcement purpose
and is carrying a concealed handgun, knowingly disregard or fail
to comply with any lawful order of any law enforcement officer
given while the person is stopped, including, but not limited to,
a specific order to the person to keep the person's hands in plain
sight.
(C)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or to a law enforcement officer, who is
authorized to carry concealed weapons or dangerous ordnance or is
authorized to carry handguns and is acting within the scope of the
officer's, agent's, or employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry concealed weapons or dangerous ordnance or is
authorized to carry handguns, 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)(1)(b) of
this section does not apply to the person;
(c) A person's transportation or storage of a firearm, other
than a firearm described in divisions (G) to (M) of section
2923.11 of the Revised Code, in a motor vehicle for any lawful
purpose if the firearm is not on the actor's person;
(d) A person's storage or possession of a firearm, other than
a firearm described in divisions (G) to (M) of section 2923.11 of
the Revised Code, in the actor's own home for any lawful purpose.
(2) Division Divisions (A)(1) and (2) of this section does do
not apply to any person who with respect to the carrying or
possession of any firearm that is not a restricted firearm if, at
the time of the alleged carrying or possession of a handgun the
firearm, the person is carrying a valid concealed handgun license
or is deemed under division (C) of section 2923.111 of the Revised
Code to have been issued a concealed handgun license under section
2923.125 of the Revised Code, unless the person at that time
knowingly is in a an unauthorized place described specified in
division (B) of section 2923.126 of the Revised Code or knowingly
is transporting or possessing the firearm in any prohibited manner
listed in that division.
(D) It is an affirmative defense to a charge under division
(A)(1) of this section of carrying or having control of a deadly
weapon other than a handgun and other than a dangerous ordnance
that division (C)(1) or (2) of this section does not apply, that
the actor was not otherwise prohibited by law from having the
weapon, and that any of the following applies:
(1) The weapon was carried or kept ready at hand by the actor
for defensive purposes while the actor was engaged in or was going
to or from the actor's lawful business or occupation, which
business or occupation was of a character or was necessarily
carried on in a manner or at a time or place as to render the
actor particularly susceptible to criminal attack, such as would
justify a prudent person in going armed.
(2) The weapon was carried or kept ready at hand by the actor
for defensive purposes while the actor was engaged in a lawful
activity and had reasonable cause to fear a criminal attack upon
the actor, a member of the actor's family, or the actor's home,
such as would justify a prudent person in going armed.
(3) The weapon was carried or kept ready at hand by the actor
for any lawful purpose and while in the actor's own home.
(E) No person who is charged with a violation of this section
shall be required to obtain a concealed handgun license as a
condition for the dismissal of the charge.
(F)(1) Whoever violates this section is guilty of carrying
concealed weapons. Except as otherwise provided in this division
or division (F)(2) of this section, carrying concealed weapons in
violation of division (A) of this section is a misdemeanor of the
first degree. Except as otherwise provided in this division or
division (F)(2) of this section, if the offender previously has
been convicted of a violation of this section or of any offense of
violence, if the weapon involved is a firearm that is either
loaded or for which the offender has ammunition ready at hand, or
if the weapon involved is dangerous ordnance, carrying concealed
weapons in violation of division (A) of this section is a felony
of the fourth degree. Except as otherwise provided in division
(F)(2) of this section, if If the offense is committed aboard an
aircraft, or with purpose to carry a concealed weapon aboard an
aircraft, regardless of the weapon involved, carrying concealed
weapons in violation of division (A) of this section is a felony
of the third degree.
(2) If a person being arrested for a violation of division
(A)(2) of this section promptly produces a valid concealed handgun
license, and if at the time of the violation the person was not
knowingly in a place described in division (B) of section 2923.126
of the Revised Code, the officer shall not arrest the person for a
violation of that division. If the person is not able to promptly
produce any concealed handgun license and if the person is not in
a place described in that section, the officer may arrest the
person for a violation of that division, and the offender shall be
punished as follows:
(a) The offender shall be guilty of a minor misdemeanor if
both of the following apply:
(i) Within ten days after the arrest, the offender presents a
concealed handgun license, which license was valid at the time of
the arrest to the law enforcement agency that employs the
arresting officer.
(ii) At the time of the arrest, the offender was not
knowingly in a place described in division (B) of section 2923.126
of the Revised Code.
(b) The offender shall be guilty of a misdemeanor and shall
be fined five hundred dollars if all of the following apply:
(i) The offender previously had been issued a concealed
handgun license, and that license expired within the two years
immediately preceding the arrest.
(ii) Within forty-five days after the arrest, the offender
presents a concealed handgun license to the law enforcement agency
that employed the arresting officer, and the offender waives in
writing the offender's right to a speedy trial on the charge of
the violation that is provided in section 2945.71 of the Revised
Code.
(iii) At the time of the commission of the offense, the
offender was not knowingly in a place described in division (B) of
section 2923.126 of the Revised Code.
(c) If neither division (F)(2)(a) nor (b) of this section
applies, the offender shall be punished under division (F)(1) of
this section.
(3) Except as otherwise provided in this division, carrying
concealed weapons in violation of division (B)(1) of this section
is a misdemeanor of the first degree, and, in addition to any
other penalty or sanction imposed for a violation of division
(B)(1) of this section, if the offender has been issued a
concealed handgun license, the offender's concealed handgun
license shall be suspended pursuant to division (A)(2) of section
2923.128 of the Revised Code. If, at the time of the stop of the
offender for a law enforcement purpose that was the basis of the
violation, any law enforcement officer involved with the stop had
actual knowledge that the offender has been issued a concealed
handgun license or that the offender is deemed under division (C)
of section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code, carrying concealed weapons in violation of division (B)(1)
of this section is a minor misdemeanor, and if the offender has
been issued a concealed handgun license, the offender's
concealed
handgun license shall not be suspended pursuant to division (A)(2)
of section 2923.128 of the Revised Code.
(4)(3) Carrying concealed weapons in violation of division
(B)(2) or (4) of this section is a misdemeanor of the first degree
or, if the offender previously has been convicted of or pleaded
guilty to a violation of division (B)(2) or (4) of this section, a
felony of the fifth degree. In addition to any other penalty or
sanction imposed for a misdemeanor violation of division (B)(2) or
(4) of this section, if the offender has been issued a concealed
handgun license, the offender's concealed handgun license shall be
suspended pursuant to division (A)(2) of section 2923.128 of the
Revised Code.
(5)(4) Carrying concealed weapons in violation of division
(B)(3) of this section is a felony of the fifth degree.
(G) If a law enforcement officer stops a person to question
the person regarding a possible violation of this section, for a
traffic stop, or for any other law enforcement purpose, if the
person surrenders a firearm to the officer, either voluntarily or
pursuant to a request or demand of the officer, and if the officer
does not charge the person with a violation of this section or
arrest the person for any offense, the person is not otherwise
prohibited by law from possessing the firearm, and the firearm is
not contraband, the officer shall return the firearm to the person
at the termination of the stop. If a court orders a law
enforcement officer to return a firearm to a person pursuant to
the requirement set forth in this division, division (B) of
section 2923.163 of the Revised Code applies.
Sec. 2923.121. (A) No person shall possess a firearm in any
room in which any person is consuming beer or intoxicating liquor
in a premises for which a D permit has been issued under Chapter
4303. of the Revised Code or in an open air arena for which a
permit of that nature has been issued.
(B)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or to a law enforcement officer, who is
authorized to carry firearms and is acting within the scope of the
officer's, agent's, or employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry firearms, and who is subject to and in
compliance with the requirements of section 109.801 of the Revised
Code, unless the appointing authority of the person has expressly
specified that the exemption provided in division (B)(1)(b) of
this section does not apply to the person;
(c) Any room used for the accommodation of guests of a hotel,
as defined in section 4301.01 of the Revised Code;
(d) The principal holder of a D permit issued for a premises
or an open air arena under Chapter 4303. of the Revised Code while
in the premises or open air arena for which the permit was issued
if the principal holder of the D permit also possesses a valid
concealed handgun license or is deemed under division (C) of
section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code and as long as the firearm is not a restricted firearm and
the principal holder is not consuming beer or intoxicating liquor
or under the influence of alcohol or a drug of abuse, or any agent
or employee of that holder who also is a peace officer, as defined
in section 2151.3515 of the Revised Code, who is off duty, and who
otherwise is authorized to carry firearms while in the course of
the officer's official duties and while in the premises or open
air arena for which the permit was issued and as long as the
firearm is not a restricted firearm and the agent or employee of
that holder is not consuming beer or intoxicating liquor or under
the influence of alcohol or a drug of abuse.
(e) Any person who is carrying a valid concealed handgun
license or is deemed under division (C) of section 2923.111 of the
Revised Code to have been issued a concealed handgun license under
section 2923.125 of the Revised Code, as long as the firearm is
not a restricted firearm and the person is not consuming beer or
intoxicating liquor or under the influence of alcohol or a drug of
abuse.
(2) This section does not prohibit any person who is a member
of a veteran's organization, as defined in section 2915.01 of the
Revised Code, from possessing a rifle in any room in any premises
owned, leased, or otherwise under the control of the veteran's
organization, if the rifle is not loaded with live ammunition and
if the person otherwise is not prohibited by law from having the
rifle.
(3) This section does not apply to any person possessing or
displaying firearms in any room used to exhibit unloaded firearms
for sale or trade in a soldiers' memorial established pursuant to
Chapter 345. of the Revised Code, in a convention center, or in
any other public meeting place, if the person is an exhibitor,
trader, purchaser, or seller of firearms and is not otherwise
prohibited by law from possessing, trading, purchasing, or selling
the firearms.
(C) It is an affirmative defense to a charge under this
section of illegal possession of a firearm in a liquor permit
premises that involves involving the possession of a firearm other
than a handgun, that divisions (B)(1)(d) and (e) of this section
do not apply, that the actor was not otherwise prohibited by law
from having the firearm, and that any of the following apply:
(1) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in or
was going to or from the actor's lawful business or occupation,
which business or occupation was of such character or was
necessarily carried on in such manner or at such a time or place
as to render the actor particularly susceptible to criminal
attack, such as would justify a prudent person in going armed.
(2) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in a
lawful activity, and had reasonable cause to fear a criminal
attack upon the actor or a member of the actor's family, or upon
the actor's home, such as would justify a prudent person in going
armed.
(D) No person who is charged with a violation of this section
shall be required to obtain a concealed handgun license as a
condition for the dismissal of the charge.
(E) Whoever violates this section is guilty of illegal
possession of a firearm in a liquor permit premises. Except as
otherwise provided in this division, illegal possession of a
firearm in a liquor permit premises is a felony of the fifth
degree. If the offender commits the violation of this section by
knowingly carrying or having the firearm concealed on the
offender's person or concealed ready at hand, illegal possession
of a firearm in a liquor permit premises is a felony of the third
degree.
(F) As used in this section, "beer" and "intoxicating liquor"
have the same meanings as in section 4301.01 of the Revised Code.
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.
(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 firearm that is not a restricted
firearm into, or possesses a handgun firearm that is not a
restricted firearm in, a school safety zone if, at the time of
that conveyance, attempted conveyance, or possession of the
handgun firearm that is not a restricted firearm, all the person
is carrying a valid concealed handgun license or is deemed under
division (C) of section 2923.111 of the Revised Code to have been
issued a concealed handgun license under section 2923.125 of the
Revised Code and either of the following
apply applies:
(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, the person is in the school safety zone in
accordance with 18 U.S.C. 922(q)(2)(B).
(d) The, and the person is not knowingly in a an unauthorized
place described 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 specified in any of those divisions.
(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 and 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 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.
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, or
person who is in either 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.
(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 firearm that is
not a restricted firearm into a courthouse or into another
building or structure in which a courtroom is located, or who,
possesses or has under the person's control a firearm that is not
a restricted firearm in a courthouse or such a building or
structure, if the person at the time of the conveyance or,
attempt, possession, or control, is carrying a valid concealed
handgun license, or is deemed under division (C) of section
2923.111 of the Revised Code to have been issued a concealed
handgun license under section 2923.125 of the Revised Code and who
the person transfers possession of the handgun firearm to the
officer or officer's designee who has charge of the courthouse or
building. The officer shall secure the handgun firearm until the
licensee person is prepared to leave the premises. 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.
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, and a person who is deemed under
division (C) of section 2923.111 of the Revised Code to have been
issued a concealed handgun license under section 2923.125 of the
Revised Code.
(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) "Type C family day-care home" means a family day-care
home authorized to provide child care by Sub. H.B. 62 of the 121st
general assembly, as amended by Am. Sub. S.B. 160 of the 121st
general assembly and Sub. H.B. 407 of the 123rd general assembly.
(M) "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.
(N) "Commercial motor vehicle" has the same meaning as in
division (A) of section 4506.25 of the Revised Code.
(O) "Motor carrier enforcement unit" has the same meaning as
in section 2923.16 of the Revised Code.
Sec. 2923.125. (A) This section applies with respect to the
application for and issuance by this state of concealed handgun
licenses other than concealed handgun licenses on a temporary
emergency basis that are issued under section 2923.1213 of the
Revised Code. Upon the request of a person who wishes to obtain a
concealed handgun license with respect to which this section
applies or to renew a concealed handgun license with respect to
which this section applies, a sheriff, as provided in division (I)
of this section, shall provide to the person free of charge an
application form and the web site address at which the pamphlet
described in division (B) of section 109.731 of the Revised Code
may be found. A sheriff shall accept a completed application form
and the fee, items, materials, and information specified in
divisions (B)(1) to (5) of this section at the times and in the
manners described in division (I) of this section.
(B) An applicant for a concealed handgun license with respect
to which this section applies shall submit a completed application
form and all of the following to the sheriff of the county in
which the applicant resides or to the sheriff of any county
adjacent to the county in which the applicant resides:
(1)(a) A nonrefundable license fee as described in either of
the following:
(i) For an applicant who has been a resident of this state
for five or more years, a fee of sixty-seven dollars;
(ii) For an applicant who has been a resident of this state
for less than five years, a fee of sixty-seven dollars plus the
actual cost of having a background check performed by the federal
bureau of investigation.
(b) No sheriff shall require an applicant to pay for the cost
of a background check performed by the bureau of criminal
identification and investigation.
(c) A sheriff shall waive the payment of the license fee
described in division (B)(1)(a) of this section in connection with
an initial or renewal application for a license that is submitted
by an applicant who is a retired peace officer, a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code, or a retired federal law enforcement officer who, prior to
retirement, was authorized under federal law to carry a firearm in
the course of duty, unless the retired peace officer, person, or
federal law enforcement officer retired as the result of a mental
disability.
(d) The sheriff shall deposit all fees paid by an applicant
under division (B)(1)(a) of this section into the sheriff's
concealed handgun license issuance fund established pursuant to
section 311.42 of the Revised Code. The county shall distribute
the fees in accordance with section 311.42 of the Revised Code.
(2) A color photograph of the applicant that was taken within
thirty days prior to the date of the application;
(3) One or more of the following competency certifications,
each of which shall reflect that, regarding a certification
described in division (B)(3)(a), (b), (c), (e), or (f) of this
section, within the three years immediately preceding the
application the applicant has performed that to which the
competency certification relates and that, regarding a
certification described in division (B)(3)(d) of this section, the
applicant currently is an active or reserve member of the armed
forces of the United States or within the six years immediately
preceding the application the honorable discharge or retirement to
which the competency certification relates occurred:
(a) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that was offered by or
under the auspices of the national rifle association and that
complies with the requirements set forth in division (G) of this
section;
(b) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that satisfies all of
the following criteria:
(i) It was open to members of the general public.
(ii) It utilized qualified instructors who were certified by
the national rifle association, the executive director of the Ohio
peace officer training commission pursuant to section 109.75 or
109.78 of the Revised Code, or a governmental official or entity
of another state.
(iii) It was offered by or under the auspices of a law
enforcement agency of this or another state or the United States,
a public or private college, university, or other similar
postsecondary educational institution located in this or another
state, a firearms training school located in this or another
state, or another type of public or private entity or organization
located in this or another state.
(iv) It complies with the requirements set forth in division
(G) of this section.
(c) An original or photocopy of a certificate of completion
of a state, county, municipal, or department of natural resources
peace officer training school that is approved by the executive
director of the Ohio peace officer training commission pursuant to
section 109.75 of the Revised Code and that complies with the
requirements set forth in division (G) of this section, or the
applicant has satisfactorily completed and been issued a
certificate of completion of a basic firearms training program, a
firearms requalification training program, or another basic
training program described in section 109.78 or 109.801 of the
Revised Code that complies with the requirements set forth in
division (G) of this section;
(d) A document that evidences both of the following:
(i) That the applicant is an active or reserve member of the
armed forces of the United States, was honorably discharged from
military service in the active or reserve armed forces of the
United States, is a retired trooper of the state highway patrol,
or is a retired peace officer or federal law enforcement officer
described in division (B)(1) of this section or a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code and division (B)(1) of this section;
(ii) That, through participation in the military service or
through the former employment described in division (B)(3)(d)(i)
of this section, the applicant acquired experience with handling
handguns or other firearms, and the experience so acquired was
equivalent to training that the applicant could have acquired in a
course, class, or program described in division (B)(3)(a), (b), or
(c) of this section.
(e) A certificate or another similar document that evidences
satisfactory completion of a firearms training, safety, or
requalification or firearms safety instructor course, class, or
program that is not otherwise described in division (B)(3)(a),
(b), (c), or (d) of this section, that was conducted by an
instructor who was certified by an official or entity of the
government of this or another state or the United States or by the
national rifle association, and that complies with the
requirements set forth in division (G) of this section;
(f) An affidavit that attests to the applicant's satisfactory
completion of a course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed
by the applicant's instructor or an authorized representative of
the entity that offered the course, class, or program or under
whose auspices the course, class, or program was offered.
(4) A certification by the applicant that the applicant has
read the pamphlet prepared by the Ohio peace officer training
commission pursuant to section 109.731 of the Revised Code that
reviews firearms, dispute resolution, and use of deadly force
matters.
(5) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of such a reading device, on a standard
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code.
(C) Upon receipt of 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 a person is absent from the United States, from this
state, or from a particular county in this state in compliance
with military or naval orders as an active or reserve member of
the armed forces of the United States and if prior to leaving this
state in compliance with those orders the person was legally
living in the United States and was a resident of this state, the
person, solely by reason of that absence, shall not be considered
to have lost the person's status as living in the United States or
the person's residence in this state or in the county in which the
person was a resident prior to leaving this state in compliance
with those orders, without regard to whether or not the person
intends to return to this state or to that county, shall not be
considered to have acquired a residence in any other state, and
shall not be considered to have become a resident of any other
state.
(ii) If a person is present in this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least forty-five days,
the person shall be considered to have been a resident of this
state for that period of at least forty-five days, and, if a
person is present in a county of this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least thirty days, the
person shall be considered to have been a resident of that county
for that period of at least thirty days.
(b) The applicant is at least twenty-one years of age.
(c) The applicant is not a fugitive from justice.
(d) The applicant is not under indictment for or otherwise
charged with a felony; an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse; a misdemeanor offense of violence; or a violation
of section 2903.14 or 2923.1211 of the Revised Code.
(e) Except as otherwise provided in division (D)(5) of this
section, the applicant has not been convicted of or pleaded guilty
to a felony or an offense under Chapter 2925., 3719., or 4729. of
the Revised Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse; has not been adjudicated a delinquent child for committing
an act that if committed by an adult would be a felony or would be
an offense under Chapter 2925., 3719., or 4729. of the Revised
Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse; and has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2903.13 of the Revised Code when the victim of the
violation is a peace officer, regardless of whether the applicant
was sentenced under division (C)(4) of that section.
(f) Except as otherwise provided in division (D)(5) of this
section, the applicant, within three years of the date of the
application, has not been convicted of or pleaded guilty to a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer, or a misdemeanor violation of section 2923.1211 of
the Revised Code; and has not been adjudicated a delinquent child
for committing an act that if committed by an adult would be a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer or for committing an act that if committed by an
adult would be a misdemeanor violation of section 2923.1211 of the
Revised Code.
(g) Except as otherwise provided in division (D)(1)(e) of
this section, the applicant, within five years of the date of the
application, has not been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing two or more
violations of section 2903.13 or 2903.14 of the Revised Code.
(h) Except as otherwise provided in division (D)(5) of this
section, the applicant, within ten years of the date of the
application, has not been convicted of, pleaded guilty to, or been
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 firearm 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, has not been convicted of or pleaded guilty to a
misdemeanor violation of division (B)(1) or (2) of section 2923.12
or division (E)(1), (2), or (3) of section 2923.16 of the Revised
Code within one year of the date of the application, and has not
been convicted of or pleaded guilty to a misdemeanor violation of
division (B)(4) of section 2923.12 or division (E)(5) of section
2923.16 of the Revised Code within two years of the date of the
application.
(2)(a) A concealed handgun license that a sheriff issues
under division (D)(1) of this section shall expire five years
after the date of issuance.
If a sheriff issues a license under this section, the sheriff
shall place on the license a unique combination of letters and
numbers identifying the license in accordance with the procedure
prescribed by the Ohio peace officer training commission pursuant
to section 109.731 of the Revised Code.
(b) If a sheriff denies an application under this section
because the applicant does not satisfy the criteria described in
division (D)(1) of this section, the sheriff shall specify the
grounds for the denial in a written notice to the applicant. The
applicant may appeal the denial pursuant to section 119.12 of the
Revised Code in the county served by the sheriff who denied the
application. If the denial was as a result of the criminal records
check conducted pursuant to section 311.41 of the Revised Code and
if, pursuant to section 2923.127 of the Revised Code, the
applicant challenges the criminal records check results using the
appropriate challenge and review procedure specified in that
section, the time for filing the appeal pursuant to section 119.12
of the Revised Code and this division is tolled during the
pendency of the request or the challenge and review. If the court
in an appeal under section 119.12 of the Revised Code and this
division enters a judgment sustaining the sheriff's refusal to
grant to the applicant a concealed handgun license, the applicant
may file a new application beginning one year after the judgment
is entered. If the court enters a judgment in favor of the
applicant, that judgment shall not restrict the authority of a
sheriff to suspend or revoke the license pursuant to section
2923.128 or 2923.1213 of the Revised Code or to refuse to renew
the license for any proper cause that may occur after the date the
judgment is entered. In the appeal, the court shall have full
power to dispose of all costs.
(3) If the sheriff with whom an application for a concealed
handgun license was filed under this section becomes aware that
the applicant has been arrested for or otherwise charged with an
offense that would disqualify the applicant from holding the
license, the sheriff shall suspend the processing of the
application until the disposition of the case arising from the
arrest or charge.
(4) If the sheriff determines that the applicant is legally
living in the United States and is a resident of the county in
which the applicant seeks the license or of an adjacent county but
does not yet meet the residency requirements described in division
(D)(1)(a) of this section, the sheriff shall not deny the license
because of the residency requirements but shall not issue the
license until the applicant meets those residency requirements.
(5) If an applicant has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
this section or has been adjudicated a delinquent child for
committing an act or violation identified in any of those
divisions, and if a court has ordered the sealing or expungement
of the records of that conviction, guilty plea, or adjudication
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to
2953.36, or section 2953.37 of the Revised Code or a court has
granted the applicant relief pursuant to section 2923.14 of the
Revised Code from the disability imposed pursuant to section
2923.13 of the Revised Code relative to that conviction, guilty
plea, or adjudication, the sheriff with whom the application was
submitted shall not consider the conviction, guilty plea, or
adjudication in making a determination under division (D)(1) or
(F) of this section or, in relation to an application for a
concealed handgun license on a temporary emergency basis submitted
under section 2923.1213 of the Revised Code, in making a
determination under division (B)(2) of that section.
(E) If a concealed handgun license issued under this section
is lost or is destroyed, the licensee may obtain from the sheriff
who issued that license a duplicate license upon the payment of a
fee of fifteen dollars and the submission of an affidavit
attesting to the loss or destruction of the license. The sheriff,
in accordance with the procedures prescribed in section 109.731 of
the Revised Code, shall place on the replacement license a
combination of identifying numbers different from the combination
on the license that is being replaced.
(F)(1) A licensee who wishes to renew a concealed handgun
license issued under this section shall do so not earlier than
ninety days before the expiration date of the license or at any
time after the expiration date of the license by filing with the
sheriff of the county in which the applicant resides or with the
sheriff of an adjacent county an application for renewal of the
license obtained pursuant to division (D) of this section, a
certification by the applicant that, subsequent to the issuance of
the license, the applicant has reread the pamphlet prepared by the
Ohio peace officer training commission pursuant to section 109.731
of the Revised Code that reviews firearms, dispute resolution, and
use of deadly force matters, and a nonrefundable license renewal
fee in an amount determined pursuant to division (F)(4) of this
section unless the fee is waived.
(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) 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 a
nonrefundable license fee as described in either of the following:
(a) For an applicant who has been a resident of this state
for five or more years, a fee of fifty dollars;
(b) For an applicant who has been a resident of this state
for less than five years, a fee of fifty dollars plus the actual
cost of having a background check performed by the federal bureau
of investigation.
(G)(1) Each course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section shall provide to each
person who takes the course, class, or program the web site
address at which the pamphlet prepared by the Ohio peace officer
training commission pursuant to section 109.731 of the Revised
Code that reviews firearms, dispute resolution, and use of deadly
force matters may be found. Each such course, class, or program
described in one of those divisions shall include at least twelve
hours of training in the safe handling and use of a firearm that
shall include all of the following:
(a) At least ten hours of training on the following matters:
(i) The ability to name, explain, and demonstrate the rules
for safe handling of a handgun firearm and proper storage
practices for
handguns firearms and ammunition;
(ii) The ability to demonstrate and explain how to handle
ammunition in a safe manner;
(iii) The ability to demonstrate the knowledge, skills, and
attitude necessary to shoot a handgun firearm in a safe manner;
(iv) Gun handling training.
(b) At least two hours of training that consists of range
time and live-fire training.
(2) To satisfactorily complete the course, class, or program
described in division (B)(3)(a), (b), (c), or (e) of this section,
the applicant shall pass a competency examination that shall
include both of the following:
(a) A written section on the ability to name and explain the
rules for the safe handling of a handgun firearm and proper
storage practices for handguns firearms and ammunition;
(b) A physical demonstration of competence in the use of a
handgun firearm and in the rules for safe handling and storage of
a
handgun firearm and a physical demonstration of the attitude
necessary to shoot a handgun firearm in a safe manner.
(3) The competency certification described in division
(B)(3)(a), (b), (c), or (e) of this section shall be dated and
shall attest that the course, class, or program the applicant
successfully completed met the requirements described in division
(G)(1) of this section and that the applicant passed the
competency examination described in division (G)(2) of this
section.
(4) The training provided in a course, class, or program
described in division (B)(3)(a), (b), (c), or (e) of this section
shall include training regarding the matters described in division
(G)(1) of this section as they relate to all firearms that are not
restricted firearms, with a concentration on those matters as they
relate to handguns.
(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 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, regardless of whether the license
was issued prior to, on, or after the effective date of this
amendment, may carry a concealed handgun firearm that is not a
restricted firearm anywhere in this state if the licensee also
carries a valid license and valid identification when the licensee
is in actual possession of a the concealed handgun firearm. The A
licensee who has been issued a concealed handgun license under
section 2923.125 or 2923.1213 of the Revised Code 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 or a person who is deemed under division (C) of
section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code 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 or person is transporting
or has a loaded handgun firearm that is not a restricted firearm
in the motor vehicle at that time, the licensee or person 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 or person
currently possesses or has a loaded handgun firearm; the licensee
or person 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 or
person's hands in plain sight after any law enforcement officer
begins approaching the licensee or person while stopped and before
the officer leaves, unless directed otherwise by a law enforcement
officer; and the licensee or person shall not knowingly have
contact with the loaded handgun firearm by touching it with the
licensee's or person'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
or person while stopped and before the officer leaves.
Additionally, if a licensee or a person who is deemed under
division (C) of section 2923.111 of the Revised Code to have been
issued a concealed handgun license under section 2923.125 of the
Revised Code 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 or person is transporting or
has a loaded handgun firearm that is not a restricted firearm in
the commercial motor vehicle at that time, the licensee or person
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 or person
currently possesses or has a loaded
handgun firearm.
If a licensee or a person who is deemed under division (C) of
section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code is stopped for a law enforcement purpose and if the licensee
or person is carrying a concealed handgun firearm that is not a
restricted firearm at the time the officer approaches, the
licensee or person 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 or person currently is carrying a concealed handgun
firearm; the licensee or person shall not knowingly disregard or
fail to comply with lawful orders of a law enforcement officer
given while the licensee or person is stopped or knowingly fail to
keep the licensee's or person's hands in plain sight after any law
enforcement officer begins approaching the licensee or person
while stopped and before the officer leaves, unless directed
otherwise by a law enforcement officer; and the licensee or person
shall not knowingly remove, attempt to remove, grasp, or hold the
loaded handgun firearm or knowingly have contact with the loaded
handgun firearm by touching it with the licensee's or person'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
or person while stopped
and before the officer leaves.
(B) A valid The right to carry a concealed firearm that is
granted under division (A) of this section to a licensee who has
been issued a concealed handgun license or that is granted under
division (A) of section 2923.111 of the Revised Code to a licensee
who is deemed under division (C) of that section to have been
issued a concealed handgun license under section 2923.125 of the
Revised Code does not authorize the licensee to carry any
restricted firearm, does not authorize the licensee to carry a
firearm or a concealed handgun firearm in any manner prohibited
under division (B) of section 2923.12 of the Revised Code or in
any manner prohibited under section 1547.69, 2921.36, 2923.12,
2923.121, 2923.122, 2923.123, 2923.13, 2923.131, 2923.15, or
2923.16 of the Revised Code. A valid license and does not
authorize the licensee to carry a concealed
handgun firearm 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 firearm 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
firearm 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 firearm 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 firearm is in a locked motor vehicle or the
licensee is in the immediate process of placing the handgun
firearm 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, a
type B family day-care home, or a type C family day-care home,
except that this division does not prohibit 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
firearm 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 firearm 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 any firearm.
(C)(1) Nothing in this section or section 2923.111 of the
Revised Code 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 or section 2923.111 of the Revised Code
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 firearm 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 firearm 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 firearm 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 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.
A landlord may not prohibit or restrict a tenant who is
a licensee and who on or after the effective date of this
amendment 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 firearm
that is not a restricted firearm on those 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 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 and a person who is deemed under division (C)
of section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code has the same right to carry a concealed
handgun firearm that
is not a restricted firearm 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 firearm that is not a restricted firearm 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 who has been issued such a license under that
section.
(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
firearm that is not a restricted firearm 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 who has been issued such a license under
that section.
(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
firearm into a place that the licensee knows is an unauthorized
place specified in division (B) of section 2923.126 of the Revised
Code, knowingly carries a concealed firearm in any prohibited
manner listed in that division, or knowingly carries under alleged
authority as a licensee a concealed restricted firearm.
(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 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. 2923.129. (A)(1) If a sheriff, the superintendent of the
bureau of criminal identification and investigation, the employees
of the bureau, the Ohio peace officer training commission, or the
employees of the commission make a good faith effort in performing
the duties imposed upon the sheriff, the superintendent, the
bureau's employees, the commission, or the commission's employees
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the
Revised Code, in addition to the personal immunity provided by
section 9.86 of the Revised Code or division (A)(6) of section
2744.03 of the Revised Code and the governmental immunity of
sections 2744.02 and 2744.03 of the Revised Code and in addition
to any other immunity possessed by the bureau, the commission, and
their employees, the sheriff, the sheriff's office, the county in
which the sheriff has jurisdiction, the bureau, the superintendent
of the bureau, the bureau's employees, the commission, and the
commission's employees are immune from liability in a civil action
for injury, death, or loss to person or property that allegedly
was caused by or related to any of the following:
(a) The issuance, renewal, suspension, or revocation of a
concealed handgun license;
(b) The failure to issue, renew, suspend, or revoke a
concealed handgun license;
(c) Any action or misconduct with a handgun firearm committed
by a licensee.
(2) Any action of a sheriff relating to the issuance,
renewal, suspension, or revocation of a concealed handgun license
shall be considered to be a governmental function for purposes of
Chapter 2744. of the Revised Code.
(3) An entity that or instructor who provides a competency
certification of a type described in division (B)(3) of section
2923.125 of the Revised Code is immune from civil liability that
might otherwise be incurred or imposed for any death or any injury
or loss to person or property that is caused by or related to a
person to whom the entity or instructor has issued the competency
certificate if all of the following apply:
(a) The alleged liability of the entity or instructor relates
to the training provided in the course, class, or program covered
by the competency certificate.
(b) The entity or instructor makes a good faith effort in
determining whether the person has satisfactorily completed the
course, class, or program and makes a good faith effort in
assessing the person in the competency examination conducted
pursuant to division (G)(2) of section 2923.125 of the Revised
Code.
(c) The entity or instructor did not issue the competency
certificate with malicious purpose, in bad faith, or in a wanton
or reckless manner.
(4) An entity that or instructor who, prior to the effective
date of this amendment March 27, 2013, provides a renewed
competency certification of a type described in division (G)(4) of
section 2923.125 of the Revised Code as it existed prior to the
effective date of this amendment March 27, 2013, is immune from
civil liability that might otherwise be incurred or imposed for
any death or any injury or loss to person or property that is
caused by or related to a person to whom the entity or instructor
has issued the renewed competency certificate if all of the
following apply:
(a) The entity or instructor makes a good faith effort in
assessing the person in the physical demonstrations or the
competency examination conducted pursuant to division (G)(4) of
section 2923.125 of the Revised Code as it existed prior to the
effective date of this amendment March 27, 2013.
(b) The entity or instructor did not issue the renewed
competency certificate with malicious purpose, in bad faith, or in
a wanton or reckless manner.
(5) A law enforcement agency that employs a peace officer is
immune from liability in a civil action to recover damages for
injury, death, or loss to person or property allegedly caused by
any act of that peace officer if the act occurred while the peace
officer carried a concealed handgun firearm and was off duty and
if the act allegedly involved the peace officer's use of the
concealed
handgun firearm. Sections 9.86 and 9.87, and Chapter
2744., of the Revised Code apply to any civil action involving a
peace officer's use of a concealed handgun firearm in the
performance of the peace officer's official duties while the peace
officer is off duty.
(B)(1) Notwithstanding section 149.43 of the Revised Code,
except as provided in division (B)(2) of this section, the records
that a sheriff keeps relative to the issuance, renewal,
suspension, or revocation of a concealed handgun license,
including, but not limited to, completed applications for the
issuance or renewal of a license, completed affidavits submitted
regarding an application for a license on a temporary emergency
basis, reports of criminal records checks and incompetency records
checks under section 311.41 of the Revised Code, and applicants'
social security numbers and fingerprints that are obtained under
division (A) of section 311.41 of the Revised Code, are
confidential and are not public records. Except as provided in
division (B)(2) of this section, no person shall release or
otherwise disseminate records that are confidential under this
division unless required to do so pursuant to a court order.
(2)(a) A journalist, on or after April 8, 2004, may submit to
a sheriff a signed, written request to view the name, county of
residence, and date of birth of each person to whom the sheriff
has issued, renewed, or issued a replacement for a concealed
handgun license, or a signed, written request to view the name,
county of residence, and date of birth of each person for whom the
sheriff has suspended or revoked a concealed handgun license. The
request shall include the journalist's name and title, shall
include the name and address of the journalist's employer, and
shall state that disclosure of the information sought would be in
the public interest. If a journalist submits a signed, written
request to the sheriff to view the information described in this
division, the sheriff shall grant the journalist's request. The
journalist shall not copy the name, county of residence, or date
of birth of each person to or for whom the sheriff has issued,
suspended, or revoked a license described in this division.
(b) As used in division (B)(2) of this section, "journalist"
means a person engaged in, connected with, or employed by any news
medium, including a newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the general public.
(C) Each sheriff shall report to the Ohio peace officer
training commission the number of concealed handgun licenses that
the sheriff issued, renewed, suspended, revoked, or denied under
section 2923.125 of the Revised Code during the previous quarter
of the calendar year, the number of applications for those
licenses for which processing was suspended in accordance with
division (D)(3) of section 2923.125 of the Revised Code during the
previous quarter of the calendar year, and the number of concealed
handgun licenses on a temporary emergency basis that the sheriff
issued, suspended, revoked, or denied under section 2923.1213 of
the Revised Code during the previous quarter of the calendar year.
The sheriff shall not include in the report the name or any other
identifying information of an applicant or licensee. The sheriff
shall report that information in a manner that permits the
commission to maintain the statistics described in division (C) of
section 109.731 of the Revised Code and to timely prepare the
statistical report described in that division. The information
that is received by the commission under this division is a public
record kept by the commission for the purposes of section 149.43
of the Revised Code.
(D) Law enforcement agencies may use the information a
sheriff makes available through the use of the law enforcement
automated data system pursuant to division (H) of section 2923.125
or division (B)(2) or (D) of section 2923.1213 of the Revised Code
for law enforcement purposes only. The information is confidential
and is not a public record. A person who releases or otherwise
disseminates this information obtained through the law enforcement
automated data system in a manner not described in this division
is guilty of a violation of section 2913.04 of the Revised Code.
(E) Whoever violates division (B) of this section is guilty
of illegal release of confidential concealed handgun license
records, a felony of the fifth degree. In addition to any
penalties imposed under Chapter 2929. of the Revised Code for a
violation of division (B) of this section or a violation of
section 2913.04 of the Revised Code described in division (D) of
this section, if the offender is a sheriff, an employee of a
sheriff, or any other public officer or employee, and if the
violation was willful and deliberate, the offender shall be
subject to a civil fine of one thousand dollars. Any person who is
harmed by a violation of division (B) or (C) of this section or a
violation of section 2913.04 of the Revised Code described in
division (D) of this section has a private cause of action against
the offender for any injury, death, or loss to person or property
that is a proximate result of the violation and may recover court
costs and attorney's fees related to the action.
Sec. 2923.1210. The application for a concealed handgun
license or for the renewal of a license of that nature that is to
be used under section 2923.125 of the Revised Code shall conform
substantially to the following forms:
"Ohio Peace Officer Training Commission |
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APPLICATION FOR A CONCEALED HANDGUN LICENSE TO CARRY A CONCEALED HANDGUN |
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Please Type or Print in Ink |
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SECTION I. |
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This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE. |
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Social Security Number: ...............................
Street |
City |
State |
County |
Zip |
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............ |
............ |
............ |
........... |
............ |
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Mailing Address (If Different From Above):
Street |
City |
State |
Zip |
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............ |
............ |
............ |
.............. |
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Date of Birth |
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Place of Birth |
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Sex |
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Race |
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Residence Telephone |
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...../..../.... |
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............ |
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.... |
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..... |
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(...)......... |
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SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO
(1)(a) Are you legally living in the United States? |
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.... YES |
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.... NO |
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(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county? |
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.... YES |
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.... NO |
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(2) Are you at least twenty-one years of age? |
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.... YES |
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.... NO |
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(3) Are you a fugitive from justice? |
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.... YES |
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.... NO |
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(4) Are you under indictment for a felony, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult? |
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.... YES |
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.... NO |
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(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult? |
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.... YES |
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.... NO |
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(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult? |
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.... YES |
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.... NO |
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(7) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest? |
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.... YES |
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.... NO |
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(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault? |
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.... YES |
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.... NO |
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(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application? |
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.... YES |
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.... NO |
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(c) Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer? |
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.... YES |
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.... NO |
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(9)(a) Have you ever been adjudicated as a mental defective? |
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.... YES |
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.... NO |
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(b) Have you ever been committed to a mental institution? |
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.... YES |
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.... NO |
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(10) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state? |
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.... YES |
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.... NO |
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(11) Are you currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a concealed handgun license that previously was issued to you? |
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.... YES |
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.... NO |
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(12) Have you been convicted of or pleaded guilty to a misdemeanor offense of carrying concealed weapons or improperly handling firearms in a motor vehicle in violation of division (B)(1) or (2) of section 2923.12 or division (E)(1), (2), or (3) of section 2923.16 of the Revised Code within one year of the date of this application or a misdemeanor offense of carrying concealed weapons or improperly handling firearms in a motor vehicle in violation of division (B)(4) of section 2923.12 or division (E)(5) of section 2923.16 of the Revised Code within two years of the date of this application? |
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....YES |
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....NO |
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SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM,
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT
AT THE END OF THIS SECTION.
Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
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YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT
AT THE END OF THIS SECTION.
(1) Have you previously applied in any county in Ohio or in any other state for a concealed handgun license? |
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.... YES |
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.... NO |
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(2) If your answer to the question in part (1) of this section of
the application is "yes," you must complete this part by listing
each county in Ohio, and each other state, in which you previously
applied for a license and, to the best of your knowledge, the date
on which you made the application.
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.
(1) I have read the pamphlet that explains the Ohio firearms laws,
that provides instruction in dispute resolution and explains
the Ohio laws related to that matter, and that provides
information regarding all aspects of the use of deadly force
with a firearm, and I am knowledgeable of the provisions of
those laws and of the information on those matters.
(2) I desire a legal means to carry a concealed handgun firearm
that is not a restricted firearm for defense of myself or a
member of my family while engaged in lawful activity.
(3) I have never been convicted of or pleaded guilty to a crime of
violence in the state of Ohio or elsewhere (if you have been
convicted of or pleaded guilty to such a crime, but the
records of that conviction or guilty plea have been sealed or
expunged by court order or a court has granted relief
pursuant to section 2923.14 of the Revised Code from the
disability imposed pursuant to section 2923.13 of the Revised
Code relative to that conviction or guilty plea, you may
treat the conviction or guilty plea for purposes of this
paragraph as if it never had occurred). I am of sound mind. I
hereby certify that the statements contained herein are true
and correct to the best of my knowledge and belief. I
understand that if I knowingly make any false statements
herein I am subject to penalties prescribed by law. I
authorize the sheriff or the sheriff's designee to inspect
only those records or documents relevant to information
required for this application.
(4) The information contained in this application and all attached
documents are true and correct to the best of my knowledge.
"Ohio Peace Officer Training Commission |
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APPLICATION TO RENEW A CONCEALED HANDGUN LICENSE TO CARRY A CONCEALED HANDGUN |
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Please Type or Print in Ink |
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SECTION I. |
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This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE. |
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Social Security Number: ...............................
Street |
City |
State |
County |
Zip |
|
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............ |
............ |
............ |
........... |
............ |
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Mailing Address (If Different From Above):
Street |
City |
State |
Zip |
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............ |
............ |
............ |
.............. |
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Date of Birth |
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Place of Birth |
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Sex |
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Race |
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Residence Telephone |
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...../..../.... |
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............ |
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.... |
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..... |
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(...)......... |
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SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO
(1)(a) Are you legally living in the United States? |
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.... YES |
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.... NO |
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(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county? |
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.... YES |
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.... NO |
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(2) Are you at least twenty-one years of age? |
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.... YES |
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.... NO |
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(3) Are you a fugitive from justice? |
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.... YES |
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.... NO |
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(4) Are you under indictment for a felony, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult? |
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.... YES |
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.... NO |
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(5) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult? |
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.... YES |
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.... NO |
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(6) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult? |
|
.... YES |
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.... NO |
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(7) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest? |
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.... YES |
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.... NO |
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(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault? |
|
.... YES |
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.... NO |
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(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application? |
|
.... YES |
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.... NO |
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(c) Except for a conviction, guilty plea, or delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer? |
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.... YES |
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.... NO |
|
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(9)(a) Have you ever been adjudicated as a mental defective? |
|
.... YES |
|
.... NO |
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(b) Have you ever been committed to a mental institution? |
|
.... YES |
|
.... NO |
|
|
(10) Are you currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state? |
|
.... YES |
|
.... NO |
|
|
(11) Are you currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a concealed handgun license that previously was issued to you? |
|
.... YES |
|
.... NO |
|
|
(12) Have you been convicted of or pleaded guilty to a misdemeanor offense of carrying concealed weapons or improperly handling firearms in a motor vehicle in violation of division (B)(1) or (2) of section 2923.12 or division (E)(1), (2), or (3) of section 2923.16 of the Revised Code within one year of the date of this application or a misdemeanor offense of carrying concealed weapons or improperly handling firearms in a motor vehicle in violation of division (B)(4) of section 2923.12 or division (E)(5) of section 2923.16 of the Revised Code within two years of the date of this application? |
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.... YES |
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.... NO |
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SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU LAST
APPLIED FOR AN OHIO CONCEALED HANDGUN LICENSE THROUGH THE TIME YOU
COMMENCED YOUR RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II
OF THIS FORM, AND THE DATES OF RESIDENCE AT EACH OF THOSE
ADDRESSES. IF YOU NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET
WITH THE RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND
NOTE THE ATTACHMENT AT THE END OF THIS SECTION.
Street |
City |
State |
County |
Zip |
|
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
| |
|
Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
| |
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Street |
City |
State |
County |
Zip |
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
| |
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Street |
City |
State |
County |
Zip |
|
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.......... |
.......... |
.......... |
.......... |
.......... |
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Dates of residence at this address
| |
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YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY ANSWERING THE
QUESTION POSED IN PART (1) AND, IF THE ANSWER TO THE QUESTION IS
"YES," BY PROVIDING IN PART (2) THE INFORMATION SPECIFIED. IF YOU
NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT
AT THE END OF THIS SECTION.
(1) Have you previously applied in any county in Ohio or in any other state for a concealed handgun license? |
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.... YES |
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.... NO |
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(2) If your answer to the question in part (1) of this section of
the application is "yes," you must complete this part by listing
each county in Ohio, and each other state, in which you previously
applied for a license and, to the best of your knowledge, the date
on which you made the application.
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
Previous application made in .............. (insert name of Ohio
county or other state) on ............... (insert date of
application.)
AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR
SUBMITS FALSE INFORMATION ON, OR A FALSE DOCUMENT WITH THE
APPLICATION MAY BE PROSECUTED FOR FALSIFICATION TO OBTAIN A
CONCEALED HANDGUN LICENSE, A FELONY OF THE FOURTH DEGREE, IN
VIOLATION OF SECTION 2921.13 OF THE OHIO REVISED CODE.
(1) I have read the pamphlet that explains the Ohio firearms laws,
that provides instruction in dispute resolution and explains
the Ohio laws related to that matter, and that provides
information regarding all aspects of the use of deadly force
with a firearm, and I am knowledgeable of the provisions of
those laws and of the information on those matters.
(2) I desire a legal means to carry a concealed handgun firearm
that is not a restricted firearm for defense of myself or a
member of my family while engaged in lawful activity.
(3) I have never been convicted of or pleaded guilty to a crime of
violence in the state of Ohio or elsewhere (if you have been
convicted of or pleaded guilty to such a crime, but the
records of that conviction or guilty plea have been sealed or
expunged by court order or a court has granted relief
pursuant to section 2923.14 of the Revised Code from the
disability imposed pursuant to section 2923.13 of the Revised
Code relative to that conviction or guilty plea, you may
treat the conviction or guilty plea for purposes of this
paragraph as if it never had occurred). I am of sound mind. I
hereby certify that the statements contained herein are true
and correct to the best of my knowledge and belief. I
understand that if I knowingly make any false statements
herein I am subject to penalties prescribed by law. I
authorize the sheriff or the sheriff's designee to inspect
only those records or documents relevant to information
required for this application.
(4) The information contained in this application and all attached
documents are true and correct to the best of my knowledge.
Sec. 2923.1213. (A) As used in this section:
(1) "Evidence of imminent danger" means any of the following:
(a) A statement sworn by the person seeking to carry a
concealed handgun firearm other than a restricted firearm 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 firearm other than a restricted
firearm 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 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; within one year of the date of submission, has not been
convicted of or pleaded guilty to a misdemeanor offense of
carrying concealed weapons or improperly handling firearms in a
motor vehicle in violation of division (B)(1) or (2) of section
2923.12 or division (E)(1), (2), or (3) of section 2923.16 of the
Revised Code; and within two years of the date of the submission,
has not been convicted of or pleaded guilty to a misdemeanor
offense of carrying concealed weapons or improperly handling
firearms in a motor vehicle in violation of division (B)(4) of
section 2923.12 or division (E)(5) of section 2923.16 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, 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) 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) of section 2923.125 of the
Revised Code apply regarding the person, the sheriff shall
immediately make available through the law enforcement automated
data system all information that will be contained on the
temporary emergency license for the person if one is issued, and
the superintendent of the state highway patrol shall ensure that
the system is so configured as to permit the transmission through
the system of that information. Upon making that information
available through the law enforcement automated data system, the
sheriff shall immediately issue to the person a concealed handgun
license on a temporary emergency basis.
If the sheriff denies the issuance of a license on a
temporary emergency basis to the person, the sheriff shall specify
the grounds for the denial in a written notice to the person. The
person may appeal the denial, or challenge criminal records check
results that were the basis of the denial if applicable, in the
same manners specified in division (D)(2) of section 2923.125 and
in section 2923.127 of the Revised Code, regarding the denial of
an application for a concealed handgun license under that section.
The license on a temporary emergency basis issued under this
division shall be in the form, and shall include all of the
information, described in divisions (A)(2) and (5) of section
109.731 of the Revised Code, and also shall include a unique
combination of identifying letters and numbers in accordance with
division (A)(4) of that section.
The license on a temporary emergency basis issued under this
division is valid for ninety days and may not be renewed. A person
who has been issued a license on a temporary emergency basis under
this division shall not be issued another license on a temporary
emergency basis unless at least four years has expired since the
issuance of the prior license on a temporary emergency basis.
(3) If a person seeking a concealed handgun license on a
temporary emergency basis has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
section 2923.125 of the Revised Code or has been adjudicated a
delinquent child for committing an act or violation identified in
any of those divisions, and if a court has ordered the sealing or
expungement of the records of that conviction, guilty plea, or
adjudication pursuant to sections 2151.355 to 2151.358 or sections
2953.31 to 2953.36 of the Revised Code or a court has granted the
applicant relief pursuant to section 2923.14 of the Revised Code
from the disability imposed pursuant to section 2923.13 of the
Revised Code relative to that conviction, guilty plea, or
adjudication, the 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, regardless of whether the license was
issued prior to, on, or after the effective date of this
amendment, has the same right to carry a concealed
handgun
firearm that is not a restricted firearm 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 firearm that is not a
restricted firearm in accordance with this section to submit a
competency certificate as a prerequisite for issuing the license
and shall comply with division (H) of section 2923.125 of the
Revised Code in regards to the license. The sheriff shall suspend
or revoke the license in accordance with section 2923.128 of the
Revised Code. In addition to the suspension or revocation
procedures set forth in section 2923.128 of the Revised Code, the
sheriff may revoke the license upon receiving information,
verifiable by public documents, that the person is not eligible to
possess a firearm under either the laws of this state or of the
United States or that the person committed perjury in obtaining
the license; if the sheriff revokes a license under this
additional authority, the sheriff shall notify the person, by
certified mail, return receipt requested, at the person's last
known residence address that the license has been revoked and that
the person is required to surrender the license at the sheriff's
office within ten days of the date on which the notice was mailed.
Division (H) of section 2923.125 of the Revised Code applies
regarding any suspension or revocation of a concealed handgun
license on a temporary emergency basis.
(E) A sheriff who issues a concealed handgun license on a
temporary emergency basis under this section shall retain, for the
entire period during which the license is in effect, the evidence
of imminent danger that the person submitted to the sheriff and
that was the basis for the license, or a copy of that evidence, as
appropriate.
(F) If a concealed handgun license on a temporary emergency
basis issued under this section is lost or is destroyed, the
licensee may obtain from the sheriff who issued that license a
duplicate license upon the payment of a fee of fifteen dollars and
the submission of an affidavit attesting to the loss or
destruction of the license. The sheriff, in accordance with the
procedures prescribed in section 109.731 of the Revised Code,
shall place on the replacement license a combination of
identifying numbers different from the combination on the license
that is being replaced.
(G) The Ohio peace officer training commission shall
prescribe, and shall make available to sheriffs, a standard form
to be used under division (B) of this section by a person who
applies for a concealed handgun license on a temporary emergency
basis on the basis of imminent danger of a type described in
division (A)(1)(a) of this section.
(H) A sheriff who receives any fees paid by a person under
this section shall deposit all fees so paid into the sheriff's
concealed handgun license issuance expense fund established under
section 311.42 of the Revised Code.
(I) A sheriff shall accept evidence of imminent danger, a
sworn affidavit, the fee, and the set of fingerprints specified in
division (B)(1) of this section at any time during normal business
hours. In no case shall a sheriff require an appointment, or
designate a specific period of time, for the submission or
acceptance of evidence of imminent danger, a sworn affidavit, the
fee, and the set of fingerprints specified in division (B)(1) of
this section, or for the provision to any person of a standard
form to be used for a person to apply for a concealed handgun
license on a temporary emergency basis.
Sec. 2923.16. (A) No person shall knowingly discharge a
firearm while in or on a motor vehicle.
(B) No person shall knowingly transport or have a loaded
firearm in a motor vehicle in such a manner that the firearm is
accessible to the operator or any passenger without leaving the
vehicle.
(C) No person shall knowingly transport or have a firearm in
a motor vehicle, unless the person may lawfully possess that
firearm under applicable law of this state or the United States,
the firearm is unloaded, and the firearm is carried in one of the
following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the
vehicle;
(3) In plain sight and secured in a rack or holder made for
the purpose;
(4) If the firearm is at least twenty-four inches in overall
length as measured from the muzzle to the part of the stock
furthest from the muzzle and if the barrel is at least eighteen
inches in length, either in plain sight with the action open or
the weapon stripped, or, if the firearm is of a type on which the
action will not stay open or which cannot easily be stripped, in
plain sight.
(D) No person shall knowingly transport or have a loaded
handgun in a motor vehicle if, at the time of that transportation
or possession, any of the following applies:
(1) The person is under the influence of alcohol, a drug of
abuse, or a combination of them.
(2) The person's whole blood, blood serum or plasma, breath,
or urine contains a concentration of alcohol, a listed controlled
substance, or a listed metabolite of a controlled substance
prohibited for persons operating a vehicle, as specified in
division (A) of section 4511.19 of the Revised Code, regardless of
whether the person at the time of the transportation or possession
as described in this division is the operator of or a passenger in
the motor vehicle.
(E) No person who has been issued a concealed handgun license
or is deemed under division (C) of section 2923.111 of the Revised
Code to have been issued a concealed handgun license under section
2923.125 of the Revised Code, who is the driver or an occupant of
a motor vehicle that is stopped as a result of a traffic stop or a
stop for another law enforcement purpose or is the driver or an
occupant of a commercial motor vehicle that is stopped by an
employee of the motor carrier enforcement unit for the purposes
defined in section 5503.34 of the Revised Code, and who is
transporting or has a loaded handgun firearm that is not a
restricted firearm in the motor vehicle or commercial motor
vehicle in any manner, shall do any of the following:
(1) Fail to promptly inform any law enforcement officer who
approaches the vehicle while stopped that the person has been
issued a concealed handgun license and that the person then
possesses or has a loaded handgun firearm in the motor vehicle
and, if the person has been issued a concealed handgun license,
that the person has been issued the license;
(2) Fail to promptly inform the employee of the unit who
approaches the vehicle while stopped that the person has been
issued a concealed handgun license and that the person then
possesses or has a loaded handgun firearm in the commercial motor
vehicle and, if the person has been issued a concealed handgun
license, that the person has been issued the license;
(3) Knowingly fail to remain in the motor vehicle while
stopped or knowingly fail to keep the person's hands in plain
sight at any time after any law enforcement officer begins
approaching the person while stopped and before the law
enforcement officer leaves, unless the failure is pursuant to and
in accordance with directions given by a law enforcement officer;
(4) Knowingly have contact with the loaded handgun firearm by
touching it with the person's hands or fingers in the motor
vehicle at any time after the law enforcement officer begins
approaching and before the law enforcement officer leaves, unless
the person has contact with the loaded handgun firearm pursuant to
and in accordance with directions given by the law enforcement
officer;
(5) Knowingly disregard or fail to comply with any lawful
order of any law enforcement officer given while the motor vehicle
is stopped, including, but not limited to, a specific order to the
person to keep the person's hands in plain sight.
(F)(1) Divisions (A), (B), (C), and (E) of this section do
not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or a law enforcement officer, when
authorized to carry or have loaded or accessible firearms in motor
vehicles and acting within the scope of the officer's, agent's, or
employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry or have loaded or accessible firearms in motor
vehicles, and who is subject to and in compliance with the
requirements of section 109.801 of the Revised Code, unless the
appointing authority of the person has expressly specified that
the exemption provided in division (F)(1)(b) of this section does
not apply to the person.
(2) Division (A) of this section does not apply to a person
if all of the following circumstances apply:
(a) The person discharges a firearm from a motor vehicle at a
coyote or groundhog, the discharge is not during the deer gun
hunting season as set by the chief of the division of wildlife of
the department of natural resources, and the discharge at the
coyote or groundhog, but for the operation of this section, is
lawful.
(b) The motor vehicle from which the person discharges the
firearm is on real property that is located in an unincorporated
area of a township and that either is zoned for agriculture or is
used for agriculture.
(c) The person owns the real property described in division
(F)(2)(b) of this section, is the spouse or a child of another
person who owns that real property, is a tenant of another person
who owns that real property, or is the spouse or a child of a
tenant of another person who owns that real property.
(d) The person does not discharge the firearm in any of the
following manners:
(i) While under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse;
(ii) In the direction of a street, highway, or other public
or private property used by the public for vehicular traffic or
parking;
(iii) At or into an occupied structure that is a permanent or
temporary habitation;
(iv) In the commission of any violation of law, including,
but not limited to, a felony that includes, as an essential
element, purposely or knowingly causing or attempting to cause the
death of or physical harm to another and that was committed by
discharging a firearm from a motor vehicle.
(3) Division (A) of this section does not apply to a person
if all of the following apply:
(a) The person possesses a valid electric-powered all-purpose
vehicle permit issued under section 1533.103 of the Revised Code
by the chief of the division of wildlife.
(b) The person discharges a firearm at a wild quadruped or
game bird as defined in section 1531.01 of the Revised Code during
the open hunting season for the applicable wild quadruped or game
bird.
(c) The person discharges a firearm from a stationary
electric-powered all-purpose vehicle as defined in section 1531.01
of the Revised Code or a motor vehicle that is parked on a road
that is owned or administered by the division of wildlife,
provided that the road is identified by an electric-powered
all-purpose vehicle sign.
(d) The person does not discharge the firearm in any of the
following manners:
(i) While under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse;
(ii) In the direction of a street, a highway, or other public
or private property that is used by the public for vehicular
traffic or parking;
(iii) At or into an occupied structure that is a permanent or
temporary habitation;
(iv) In the commission of any violation of law, including,
but not limited to, a felony that includes, as an essential
element, purposely or knowingly causing or attempting to cause the
death of or physical harm to another and that was committed by
discharging a firearm from a motor vehicle.
(4) Divisions (B) and (C) of this section do not apply to a
person if all of the following circumstances apply:
(a) At the time of the alleged violation of either of those
divisions, the person is the operator of or a passenger in a motor
vehicle.
(b) The motor vehicle is on real property that is located in
an unincorporated area of a township and that either is zoned for
agriculture or is used for agriculture.
(c) The person owns the real property described in division
(D)(4)(b) of this section, is the spouse or a child of another
person who owns that real property, is a tenant of another person
who owns that real property, or is the spouse or a child of a
tenant of another person who owns that real property.
(d) The person, prior to arriving at the real property
described in division (D)(4)(b) of this section, did not transport
or possess a firearm in the motor vehicle in a manner prohibited
by division (B) or (C) of this section while the motor vehicle was
being operated on a street, highway, or other public or private
property used by the public for vehicular traffic or parking.
(5) Divisions (B) and (C) of this section do not apply to a
person who transports or possesses a handgun firearm that is not a
restricted firearm in a motor vehicle if, at the time of that
transportation or possession, both of the following apply:
(a) The person transporting or possessing the handgun firearm
is carrying a valid concealed handgun license or is deemed under
division (C) of section 2923.111 of the Revised Code to have been
issued a concealed handgun license under section 2923.125 of the
Revised Code.
(b) The person transporting or possessing the handgun firearm
is not knowingly in a an unauthorized place described specified in
division (B) of section 2923.126 of the Revised Code and is not
knowingly transporting or possessing the firearm in any prohibited
manner listed in that division.
(6) Divisions (B) and (C) of this section do not apply to a
person if all of the following apply:
(a) The person possesses a valid electric-powered all-purpose
vehicle permit issued under section 1533.103 of the Revised Code
by the chief of the division of wildlife.
(b) The person is on or in an electric-powered all-purpose
vehicle as defined in section 1531.01 of the Revised Code or a
motor vehicle during the open hunting season for a wild quadruped
or game bird.
(c) The person is on or in an electric-powered all-purpose
vehicle as defined in section 1531.01 of the Revised Code or a
motor vehicle that is parked on a road that is owned or
administered by the division of wildlife, provided that the road
is identified by an electric-powered all-purpose vehicle sign.
(7) Nothing in this section prohibits or restricts a person
from possessing, storing, or leaving a firearm in a locked motor
vehicle that is parked in the state underground parking garage at
the state capitol building or in the parking garage at the Riffe
center for government and the arts in Columbus, if the person's
transportation and possession of the firearm in the motor vehicle
while traveling to the premises or facility was not in violation
of division (A), (B), (C), (D), or (E) of this section or any
other provision of the Revised Code.
(G)(1) The affirmative defenses authorized in divisions
(D)(1) and (2) of section 2923.12 of the Revised Code are
affirmative defenses to a charge under division (B) or (C) of this
section that involves a firearm other than a handgun if division
(E)(5) of this section does not apply to the person charged.
(2) It is an affirmative defense to a charge under division
(B) or (C) of this section of improperly handling firearms in a
motor vehicle that the actor transported or had the firearm in the
motor vehicle for any lawful purpose and while the motor vehicle
was on the actor's own property, provided that this affirmative
defense is not available unless the person, immediately prior to
arriving at the actor's own property, did not transport or possess
the firearm in a motor vehicle in a manner prohibited by division
(B) or (C) of this section while the motor vehicle was being
operated on a street, highway, or other public or private property
used by the public for vehicular traffic.
(H)(1) No person who is charged with a violation of division
(B), (C), or (D) of this section shall be required to obtain a
concealed handgun license as a condition for the dismissal of the
charge.
(2)(a) If a person is convicted of, was convicted of, pleads
guilty to, or has pleaded guilty to a violation of division (E) of
this section as it existed prior to September 30, 2011, and if the
conduct that was the basis of the violation no longer would be a
violation of division (E) of this section on or after September
30, 2011, the person may file an application under section 2953.37
of the Revised Code requesting the expungement of the record of
conviction.
If a person is convicted of, was convicted of, pleads guilty
to, or has pleaded guilty to a violation of division (B) or (C) of
this section as the division existed prior to September 30, 2011,
and if the conduct that was the basis of the violation no longer
would be a violation of division (B) or (C) of this section on or
after September 30, 2011, due to the application of division
(F)(5) of this section as it exists on and after September 30,
2011, the person may file an application under section 2953.37 of
the Revised Code requesting the expungement of the record of
conviction.
(b) The attorney general shall develop a public media
advisory that summarizes the expungement procedure established
under section 2953.37 of the Revised Code and the offenders
identified in division (H)(2)(a) of this section who are
authorized to apply for the expungement. Within thirty days after
September 30, 2011, the attorney general shall provide a copy of
the advisory to each daily newspaper published in this state and
each television station that broadcasts in this state. The
attorney general may provide the advisory in a tangible form, an
electronic form, or in both tangible and electronic forms.
(I) Whoever violates this section is guilty of improperly
handling firearms in a motor vehicle. Violation of division (A) of
this section is a felony of the fourth degree. Violation of
division (C) of this section is a misdemeanor of the fourth
degree. A violation of division (D) of this section is a felony of
the fifth degree or, if the loaded handgun is concealed on the
person's person, a felony of the fourth degree. Except as
otherwise provided in this division, a violation of division
(E)(1) or (2) of this section is a misdemeanor of the first
degree, and, in addition to any other penalty or sanction imposed
for the violation, if the offender has been issued a concealed
handgun license, the offender's concealed handgun license shall be
suspended pursuant to division (A)(2) of section 2923.128 of the
Revised Code. If at the time of the stop of the offender for a
traffic stop, for another law enforcement purpose, or for a
purpose defined in section 5503.34 of the Revised Code that was
the basis of the violation any law enforcement officer involved
with the stop or the employee of the motor carrier enforcement
unit who made the stop had actual knowledge of that the offender's
status as a licensee offender has been issued a concealed handgun
license or that the offender is deemed under division (C) of
section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code, a violation of division (E)(1) or (2) of this section is a
minor misdemeanor, and if the offender has been issued a concealed
handgun license, the offender's concealed handgun license shall
not be suspended pursuant to division (A)(2) of section 2923.128
of the Revised Code. A violation of division (E)(4) of this
section is a felony of the fifth degree. A violation of division
(E)(3) or (5) of this section is a misdemeanor of the first degree
or, if the offender previously has been convicted of or pleaded
guilty to a violation of division (E)(3) or (5) of this section, a
felony of the fifth degree. In addition to any other penalty or
sanction imposed for a misdemeanor violation of division (E)(3) or
(5) of this section, if the offender has been issued a concealed
handgun license, the offender's concealed handgun license shall be
suspended pursuant to division (A)(2) of section 2923.128 of the
Revised Code. A violation of division (B) of this section is a
felony of the fourth degree.
(J) If a law enforcement officer stops a motor vehicle for a
traffic stop or any other purpose, if any person in the motor
vehicle surrenders a firearm to the officer, either voluntarily or
pursuant to a request or demand of the officer, and if the officer
does not charge the person with a violation of this section or
arrest the person for any offense, the person is not otherwise
prohibited by law from possessing the firearm, and the firearm is
not contraband, the officer shall return the firearm to the person
at the termination of the stop. If a court orders a law
enforcement officer to return a firearm to a person pursuant to
the requirement set forth in this division, division (B) of
section 2923.163 of the Revised Code applies.
(K) As used in this section:
(1) "Motor vehicle," "street," and "highway" have the same
meanings as in section 4511.01 of the Revised Code.
(2) "Occupied structure" has the same meaning as in section
2909.01 of the Revised Code.
(3) "Agriculture" has the same meaning as in section 519.01
of the Revised Code.
(4) "Tenant" has the same meaning as in section 1531.01 of
the Revised Code.
(5)(a) "Unloaded" means, with respect to a firearm other than
a firearm described in division (K)(6) of this section, that no
ammunition is in the firearm in question, no magazine or speed
loader containing ammunition is inserted into the firearm in
question, and one of the following applies:
(i) There is no ammunition in a magazine or speed loader that
is in the vehicle in question and that may be used with the
firearm in question.
(ii) Any magazine or speed loader that contains ammunition
and that may be used with the firearm in question is stored in a
compartment within the vehicle in question that cannot be accessed
without leaving the vehicle or is stored in a container that
provides complete and separate enclosure.
(b) For the purposes of division (K)(5)(a)(ii) of this
section, a "container that provides complete and separate
enclosure" includes, but is not limited to, any of the following:
(i) A package, box, or case with multiple compartments, as
long as the loaded magazine or speed loader and the firearm in
question either are in separate compartments within the package,
box, or case, or, if they are in the same compartment, the
magazine or speed loader is contained within a separate enclosure
in that compartment that does not contain the firearm and that
closes using a snap, button, buckle, zipper, hook and loop closing
mechanism, or other fastener that must be opened to access the
contents or the firearm is contained within a separate enclosure
of that nature in that compartment that does not contain the
magazine or speed loader;
(ii) A pocket or other enclosure on the person of the person
in question that closes using a snap, button, buckle, zipper, hook
and loop closing mechanism, or other fastener that must be opened
to access the contents.
(c) For the purposes of divisions (K)(5)(a) and (b) of this
section, ammunition held in stripper-clips or in en-bloc clips is
not considered ammunition that is loaded into a magazine or speed
loader.
(6) "Unloaded" means, with respect to a firearm employing a
percussion cap, flintlock, or other obsolete ignition system, when
the weapon is uncapped or when the priming charge is removed from
the pan.
(7) "Commercial motor vehicle" has the same meaning as in
division (A) of section 4506.25 of the Revised Code.
(8) "Motor carrier enforcement unit" means the motor carrier
enforcement unit in the department of public safety, division of
state highway patrol, that is created by section 5503.34 of the
Revised Code.
(L) Divisions (K)(5)(a) and (b) of this section do not affect
the authority of a person who is carrying a valid concealed
handgun license or who is deemed under division (C) of section
2923.111 of the Revised Code to have been issued a concealed
handgun license under section 2923.125 of the Revised Code to have
one or more magazines or speed loaders containing ammunition
anywhere in a vehicle, without being transported as described in
those divisions, as long as no ammunition is in a firearm, other
than a handgun, in the vehicle other than as permitted under any
other provision of this chapter. A person who is carrying a valid
concealed handgun license or who is deemed under division (C) of
section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code may have one or more magazines or speed loaders containing
ammunition anywhere in a vehicle without further restriction, as
long as no ammunition is in a firearm, other than a handgun, in
the vehicle other than as permitted under any provision of this
chapter.
Sec. 4749.10. (A) No class A, B, or C licensee and no
registered employee of a class A, B, or C licensee shall carry a
firearm, as defined in section 2923.11 of the Revised Code, in the
course of engaging in the business of private investigation, the
business of security services, or both businesses, unless all of
the following apply:
(1) The licensee or employee either has successfully
completed a basic firearm training program at a training school
approved by the Ohio peace officer training commission, which
program includes twenty hours of training in handgun use and, if
any firearm other than a handgun is to be used, five hours of
training in the use of other firearms, and has received a
certificate of satisfactory completion of that program from the
executive director of the commission; the licensee or employee
has, within three years prior to November 27, 1985, satisfactorily
completed firearms training that has been approved by the
commission as being equivalent to such a program and has received
written evidence of approval of that training from the executive
director of the commission; or the licensee or employee is a
former peace officer, as defined in section 109.71 of the Revised
Code, who previously had successfully completed a firearms
training course at a training school approved by the Ohio peace
officer training commission and has received a certificate or
other evidence of satisfactory completion of that course from the
executive director of the commission.
(2) The licensee or employee submits an application to the
director of public safety, on a form prescribed by the director,
in which the licensee or employee requests registration as a class
A, B, or C licensee or employee who may carry a firearm. The
application shall be accompanied by a copy of the certificate or
the written evidence or other evidence described in division
(A)(1) of this section, the identification card issued pursuant to
section 4749.03 or 4749.06 of the Revised Code if one has
previously been issued, a statement of the duties that will be
performed while the licensee or employee is armed, and a fee the
director determines, not to exceed fifteen dollars. In the case of
a registered employee, the statement shall be prepared by the
employing class A, B, or C licensee.
(3) The licensee or employee receives a notation on the
licensee's or employee's identification card that the licensee or
employee is a firearm-bearer and carries the identification card
whenever the licensee or employee carries a firearm in the course
of engaging in the business of private investigation, the business
of security services, or both businesses.
(4) At any time within the immediately preceding twelve-month
period, the licensee or employee has requalified in firearms use
on a firearms training range at a firearms requalification program
certified by the Ohio peace officer training commission or on a
firearms training range under the supervision of an instructor
certified by the commission and has received a certificate of
satisfactory requalification from the certified program or
certified instructor, provided that this division does not apply
to any licensee or employee prior to the expiration of eighteen
months after the licensee's or employee's completion of the
program described in division (A)(1) of this section. A
certificate of satisfactory requalification is valid and remains
in effect for twelve months from the date of the requalification.
(5) If division (A)(4) of this section applies to the
licensee or employee, the licensee or employee carries the
certificate of satisfactory requalification that then is in effect
or any other evidence of requalification issued or provided by the
director.
(B)(1) The director of public safety shall register an
applicant under division (A) of this section who satisfies
divisions (A)(1) and (2) of this section, and place a notation on
the applicant's identification card indicating that the applicant
is a firearm-bearer and the date on which the applicant completed
the program described in division (A)(1) of this section.
(2) A firearms requalification training program or instructor
certified by the commission for the annual requalification of
class A, B, or C licensees or employees who are authorized to
carry a firearm under section 4749.10 of the Revised Code shall
award a certificate of satisfactory requalification to each class
A, B, or C licensee or registered employee of a class A, B, or C
licensee who satisfactorily requalifies in firearms training. The
certificate shall identify the licensee or employee and indicate
the date of the requalification. A licensee or employee who
receives such a certificate shall submit a copy of it to the
director of public safety. A licensee shall submit the copy of the
requalification certificate at the same time that the licensee
makes application for renewal of the licensee's class A, B, or C
license. The director shall keep a record of all copies of
requalification certificates the director receives under this
division and shall establish a procedure for the updating of
identification cards to provide evidence of compliance with the
annual requalification requirement. The procedure for the updating
of identification cards may provide for the issuance of a new card
containing the evidence, the entry of a new notation containing
the evidence on the existing card, the issuance of a separate card
or paper containing the evidence, or any other procedure
determined by the director to be reasonable. Each person who is
issued a requalification certificate under this division promptly
shall pay to the Ohio peace officer training commission
established by section 109.71 of the Revised Code a fee the
director determines, not to exceed fifteen dollars, which fee
shall be transmitted to the treasurer of state for deposit in the
peace officer private security fund established by section 109.78
of the Revised Code.
(C) Nothing in this section prohibits a private investigator
or a security guard provider from carrying a concealed handgun
firearm that is not a restricted firearm if the private
investigator or security guard provider complies with sections
2923.124 to 2923.1213 of the Revised Code.
Section 2. That existing sections 109.69, 109.731, 1547.69,
2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.124,
2923.125, 2923.126, 2923.128, 2923.129, 2923.1210, 2923.1213,
2923.16, and 4749.10 of the Revised Code are hereby repealed.
Section 3. That the versions of sections 2923.124 and
2923.126 of the Revised Code that are scheduled to take effect on
January 1, 2014, be amended to read as follows:
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, and a person who is deemed under
division (C) of section 2923.111 of the Revised Code to have been
issued a concealed handgun license under section 2923.125 of the
Revised Code.
(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. 2923.126. (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, regardless of whether the license
was issued prior to, on, or after the effective date of this
amendment, may carry a concealed handgun firearm that is not a
restricted firearm anywhere in this state if the licensee also
carries a valid license and valid identification when the licensee
is in actual possession of a the concealed handgun firearm. The A
licensee who has been issued a concealed handgun license under
section 2923.125 or 2923.1213 of the Revised Code 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 or a person who is deemed under division (C) of
section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code 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 or person is transporting
or has a loaded handgun firearm that is not a restricted firearm
in the motor vehicle at that time, the licensee or person 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 or person
currently possesses or has a loaded handgun firearm; the licensee
or person 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 or
person's hands in plain sight after any law enforcement officer
begins approaching the licensee or person while stopped and before
the officer leaves, unless directed otherwise by a law enforcement
officer; and the licensee or person shall not knowingly have
contact with the loaded handgun firearm by touching it with the
licensee's or person'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
or person while stopped and before the officer leaves.
Additionally, if a licensee or a person who is deemed under
division (C) of section 2923.111 of the Revised Code to have been
issued a concealed handgun license under section 2923.125 of the
Revised Code 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 or person is transporting or
has a loaded handgun firearm that is not a restricted firearm in
the commercial motor vehicle at that time, the licensee or person
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 or person
currently possesses or has a loaded
handgun firearm.
If a licensee or a person who is deemed under division (C) of
section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code is stopped for a law enforcement purpose and if the licensee
or person is carrying a concealed handgun firearm that is not a
restricted firearm at the time the officer approaches, the
licensee or person shall promptly inform any law enforcement
officer who approaches the licensee or person while stopped that
the licensee has been issued a concealed handgun license and that
the licensee or person currently is carrying a concealed handgun
firearm; the licensee or person shall not knowingly disregard or
fail to comply with lawful orders of a law enforcement officer
given while the licensee or person is stopped or knowingly fail to
keep the licensee's or person's hands in plain sight after any law
enforcement officer begins approaching the licensee or person
while stopped and before the officer leaves, unless directed
otherwise by a law enforcement officer; and the licensee or person
shall not knowingly remove, attempt to remove, grasp, or hold the
loaded handgun firearm or knowingly have contact with the loaded
handgun firearm by touching it with the licensee's or person'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 or person while stopped
and before the officer leaves.
(B) A valid The right to carry a concealed firearm that is
granted under division (A) of this section to a licensee who has
been issued a concealed handgun license or that is granted under
division (A) of section 2923.111 of the Revised Code to a licensee
who is deemed under division (C) of that section to have been
issued a concealed handgun license under section 2923.125 of the
Revised Code does not authorize the licensee to carry any
restricted firearm, does not authorize the licensee to carry a
firearm or a concealed handgun firearm in any manner prohibited
under division (B) of section 2923.12 of the Revised Code or in
any manner prohibited under section 1547.69, 2921.36, 2923.12,
2923.121, 2923.122, 2923.123, 2923.13, 2923.131, 2923.15, or
2923.16 of the Revised Code. A valid license and does not
authorize the licensee to carry a concealed
handgun firearm 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 firearm 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
firearm 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 firearm 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 firearm is in a locked motor vehicle or the
licensee is in the immediate process of placing the handgun
firearm 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 firearm 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 firearm 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 any firearm.
(C)(1) Nothing in this section or section 2923.111 of the
Revised Code 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 or section 2923.111 of the Revised Code
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 firearm 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 firearm 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 firearm 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 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.
A landlord may not prohibit or restrict a tenant who is
a licensee and who on or after the effective date of this
amendment 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 firearm
that is not a restricted firearm on those 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 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 and a person who is deemed under division (C)
of section 2923.111 of the Revised Code to have been issued a
concealed handgun license under section 2923.125 of the Revised
Code has the same right to carry a concealed
handgun firearm that
is not a restricted firearm 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 firearm that is not a restricted firearm 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 who has been issued such a license under that
section.
(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
firearm that is not a restricted firearm 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 who has been issued such a license under
that section.
(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.
Section 4. That the existing versions of sections 2923.124
and 2923.126 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 amendments to sections 109.69, 109.731,
1547.69, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.124,
2923.125, 2923.126, 2923.128, 2923.129, 2923.1210, 2923.1213,
2923.16, and 4749.10 made in Sections 1 and 2 of this act, and the
amendments to the versions of sections 2923.124 and 2923.126 of
the Revised Code that are scheduled to take effect on January 1,
2014, made in Sections 3 and 4 of this act, apply with respect to
any concealed handgun license, as defined in section 2923.11 of
the Revised Code, regardless of whether the license was issued
prior to, on, or after the effective date of this act.
Section 7. (A) Section 2923.122 of the Revised Code is
presented in Section 1 of this act as a composite of the section
as amended by both Am. Sub. H.B. 495 and Am. Sub. S.B. 337 of the
129th General Assembly. 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 composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
(B) Section 2923.124 of the Revised Code is presented in
Section 3 of this act as a composite of the section as amended by
both Am. Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General
Assembly. 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 composite is the resulting version of
the section in effect prior to the effective date of the section
as presented in this act.
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