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S. B. No. 338 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 109.731, 109.85, 109.86, 2923.124,
2923.125, 2923.126, 2923.1213, and 2923.13 and to
repeal section 2923.1210 of the Revised Code to
permit investigators of the Attorney General's
office to be authorized to go armed while
investigating nursing home, residential care
facility, long-term care facility, Medicaid
program, or patient abuse or neglect violations
and be exempt from concealed weapons prohibitions
in the same manner as sheriffs and police
officers; to expand the options for obtaining
relief from the disability under the offense of
having weapons while under disability; and to
modify the concealed handgun licensing law by
allowing nonresidents of Ohio to be issued a
standard license if they are employed in Ohio or a
temporary emergency license if they are
temporarily in the state, removing the six-year
look-back period from the competency certification
exemption for retired or honorably discharged
armed forces veterans, adding a competency
certification exemption for persons who have
completed training at the Ohio Peace Officer
Training Academy or the annual firearms
recertification program, reducing the number of
hours of training required for the competency
certification, making a person ineligible for a
license if the person has an out-of-state license
that has been suspended for a reason similar to a
reason that triggers the suspension of an Ohio
license, repealing the statutory license
application form and instead requiring the
Attorney General to prescribe a form and make it
available to sheriffs and online, exempting from
the license renewal requirement for a specified
period a person who is on active duty in the armed
forces or in service with the Peace Corps,
Volunteers in Service to America, or the U.S.
foreign service and is a licensee or who is the
spouse or dependent of such a person and is a
licensee, eliminating the authority for a lessor
of government land or premises to ban firearms or
concealed firearms from the land or premises, and
modifying the sanction for violating such a ban on
private land or premises posted by the owner.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.731, 109.85, 109.86, 2923.124,
2923.125, 2923.126, 2923.1213, and 2923.13 of the Revised Code be
amended to read as follows:
Sec. 109.731. (A)(1) The Ohio peace officer training
commission attorney general shall prescribe, and shall make
available to sheriffs, all of the following:
(1) An an application form that is to be used under section
2923.125 of the Revised Code by a person who applies for a
concealed handgun license and an application form that is to be
used under section 2923.125 of the Revised Code by a person who
applies for the renewal of a license of that nature, both of which
shall conform substantially to the forms prescribed in section
2923.1210 of the Revised Code;
(2) A. The attorney general shall design the form to enable
applicants to provide the information that is required by law to
be collected, and shall update the form as necessary. Burdens or
restrictions to obtaining a concealed handgun license that are not
expressly prescribed in law shall not be incorporated into the
form. The attorney general shall post a printable version of the
form on the web site of the attorney general and shall provide the
address of the web site to any person who requests the form.
(2) The Ohio peace officer training commission shall
prescribe, and shall make available to sheriffs, all of the
following:
(a) A form for the concealed handgun license that is to be
issued by sheriffs to persons who qualify for a concealed handgun
license under section 2923.125 of the Revised Code and that
conforms to the following requirements:
(a)(i) It has space for the licensee's full name, residence
address, and date of birth and for a color photograph of the
licensee.
(b)(ii) It has space for the date of issuance of the license,
its expiration date, its county of issuance, the name of the
sheriff who issues the license, and the unique combination of
letters and numbers that identify the county of issuance and the
license given to the licensee by the sheriff in accordance with
division (A)(4) of this section.
(c)(iii) It has space for the signature of the licensee and
the signature or a facsimile signature of the sheriff who issues
the license.
(d)(iv) It does not require the licensee to include serial
numbers of handguns, other identification related to handguns, or
similar data that is not pertinent or relevant to obtaining the
license and that could be used as a de facto means of registration
of handguns owned by the licensee.
(3)(b) A series of three-letter county codes that identify
each county in this state;
(4)(c) A procedure by which a sheriff shall give each
concealed handgun license, replacement concealed handgun license,
or renewal concealed handgun license and each concealed handgun
license on a temporary emergency basis or replacement license on a
temporary emergency basis the sheriff issues under section
2923.125 or 2923.1213 of the Revised Code a unique combination of
letters and numbers that identifies the county in which the
license was issued and that uses the county code and a unique
number for each license the sheriff of that county issues;
(5)(d) A form for a concealed handgun license on a temporary
emergency basis that is to be issued by sheriffs to persons who
qualify for such a license under section 2923.1213 of the Revised
Code, which form shall conform to all the requirements set forth
in divisions (A)(2)(a)(i) to (d)(iv) of this section and shall
additionally conspicuously specify that the license is issued on a
temporary emergency basis and the date of its issuance.
(B)(1) The Ohio peace officer training commission, in
consultation with the attorney general, shall prepare a pamphlet
that does all of the following, in everyday language:
(a) Explains the firearms laws of this state;
(b) Instructs the reader in dispute resolution and explains
the laws of this state related to that matter;
(c) Provides information to the reader regarding all aspects
of the use of deadly force with a firearm, including, but not
limited to, the steps that should be taken before contemplating
the use of, or using, deadly force with a firearm, possible
alternatives to using deadly force with a firearm, and the law
governing the use of deadly force with a firearm.
(2) The attorney general shall consult with and assist the
commission in the preparation of the pamphlet described in
division (B)(1) of this section and, as necessary, shall recommend
to the commission changes in the pamphlet to reflect changes in
the law that are relevant to it. The attorney general shall
publish the pamphlet on the web site of the attorney general and
shall provide the address of the web site to any person who
requests the pamphlet.
(C) The Ohio peace officer training commission shall maintain
statistics with respect to the issuance, renewal, suspension,
revocation, and denial of concealed handgun licenses under section
2923.125 of the Revised Code and the suspension of processing of
applications for those licenses, and with respect to the issuance,
suspension, revocation, and denial of concealed handgun licenses
on a temporary emergency basis under section 2923.1213 of the
Revised Code, as reported by the sheriffs pursuant to division (C)
of section 2923.129 of the Revised Code. Not later than the first
day of March in each year, the commission shall submit a
statistical report to the governor, the president of the senate,
and the speaker of the house of representatives indicating the
number of concealed handgun licenses that were issued, renewed,
suspended, revoked, and denied under section 2923.125 of the
Revised Code in the previous calendar year, the number of
applications for those licenses for which processing was suspended
in accordance with division (D)(3) of that section in the previous
calendar year, and the number of concealed handgun licenses on a
temporary emergency basis that were issued, suspended, revoked, or
denied under section 2923.1213 of the Revised Code in the previous
calendar year. Nothing in the statistics or the statistical report
shall identify, or enable the identification of, any individual
who was issued or denied a license, for whom a license was
renewed, whose license was suspended or revoked, or for whom
application processing was suspended. The statistics and the
statistical report are public records for the purpose of section
149.43 of the Revised Code.
(D) As used in this section, "concealed handgun license" and
"handgun" have the same meanings as in section 2923.11 of the
Revised Code.
Sec. 109.85. (A) Upon the written request of the governor,
the general assembly, the auditor of state, the medicaid director,
the director of health, or the director of budget and management,
or upon the attorney general's becoming aware of criminal or
improper activity related to Chapter 3721. of the Revised Code and
the medicaid program, the attorney general shall investigate any
criminal or civil violation of law related to Chapter 3721. of the
Revised Code or the medicaid program.
(B) When it appears to the attorney general, as a result of
an investigation under division (A) of this section, that there is
cause to prosecute for the commission of a crime or to pursue a
civil remedy, the attorney general may refer the evidence to the
prosecuting attorney having jurisdiction of the matter, or to a
regular grand jury drawn and impaneled pursuant to sections
2939.01 to 2939.24 of the Revised Code, or to a special grand jury
drawn and impaneled pursuant to section 2939.17 of the Revised
Code, or the attorney general may initiate and prosecute any
necessary criminal or civil actions in any court or tribunal of
competent jurisdiction in this state. When proceeding under this
section, the attorney general, and any assistant or special
counsel designated by the attorney general for that purpose, have
all rights, privileges, and powers of prosecuting attorneys. The
attorney general shall have exclusive supervision and control of
all investigations and prosecutions initiated by the attorney
general under this section. The forfeiture provisions of Chapter
2981. of the Revised Code apply in relation to any such criminal
action initiated and prosecuted by the attorney general.
(C) Nothing in this section shall prevent a county
prosecuting attorney from investigating and prosecuting criminal
activity related to Chapter 3721. of the Revised Code and the
medicaid program. The forfeiture provisions of Chapter 2981. of
the Revised Code apply in relation to any prosecution of criminal
activity related to the medicaid program undertaken by the
prosecuting attorney.
Investigators conducting an investigation pursuant to this
section may be authorized to go armed while conducting an
investigation under this section and if so authorized are exempt
from section 2923.12 of the Revised Code in the same manner as
sheriffs and regularly appointed police officers.
Sec. 109.86. (A) The attorney general shall investigate any
activity the attorney general has reasonable cause to believe is
in violation of section 2903.34 of the Revised Code. Upon written
request of the governor, the general assembly, the auditor of
state, or the director of health, job and family services, aging,
mental health and addiction services, or developmental
disabilities, the attorney general shall investigate any activity
these persons believe is in violation of section 2903.34 of the
Revised Code. If after an investigation the attorney general has
probable cause to prosecute for the commission of a crime, the
attorney general shall refer the evidence to the prosecuting
attorney, director of law, or other similar chief legal officer
having jurisdiction over the matter. If the prosecuting attorney
decides to present the evidence to a grand jury, the prosecuting
attorney shall notify the attorney general in writing of the
decision within thirty days after referral of the matter and shall
present the evidence prior to the discharge of the next regular
grand jury. If the director of law or other chief legal officer
decides to prosecute the case, the director or officer shall
notify the attorney general in writing of the decision within
thirty days and shall initiate prosecution within sixty days after
the matter was referred to the director or officer.
(B) If the prosecuting attorney, director of law, or other
chief legal officer fails to notify the attorney general or to
present evidence or initiate prosecution in accordance with
division (A) of this section, the attorney general may present the
evidence to a regular grand jury drawn and impaneled pursuant to
sections 2939.01 to 2939.24 of the Revised Code, or to a special
grand jury drawn and impaneled pursuant to section 2939.17 of the
Revised Code, or the attorney general may initiate and prosecute
any action in any court or tribunal of competent jurisdiction in
this state. The attorney general, and any assistant or special
counsel designated by the attorney general, have all the powers of
a prosecuting attorney, director of law, or other chief legal
officer when proceeding under this section. Nothing in this
section shall limit or prevent a prosecuting attorney, director of
law, or other chief legal officer from investigating and
prosecuting criminal activity committed against a resident or
patient of a care facility.
Investigators conducting an investigation pursuant to this
section may be authorized to go armed while conducting an
investigation under this section and if so authorized are exempt
from section 2923.12 of the Revised Code in the same manner as
sheriffs and regularly appointed police officers.
Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of
the Revised Code:
(A) "Application form" means the application form prescribed
pursuant to division (A)(1) of section 109.731 of the Revised Code
and includes a copy of that form.
(B) "Competency certification" and "competency certificate"
mean a document of the type described in division (B)(3) of
section 2923.125 of the Revised Code.
(C) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(D) "Licensee" means a person to whom a concealed handgun
license has been issued under section 2923.125 of the Revised Code
and, except when the context clearly indicates otherwise, includes
a person to whom a concealed handgun license on a temporary
emergency basis has been issued under section 2923.1213 of the
Revised Code and a person to whom a concealed handgun license has
been issued by another state.
(E) "License fee" or "license renewal fee" means the fee for
a concealed handgun license or the fee to renew that license that
is prescribed pursuant to division (C) of section 109.731 of the
Revised Code and that is to be paid by an applicant for a license
of that type.
(F) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(G) "State correctional institution" has the same meaning as
in section 2967.01 of the Revised Code.
(H) "Civil protection order" means a protection order issued,
or consent agreement approved, under section 2903.214 or 3113.31
of the Revised Code.
(I) "Temporary protection order" means a protection order
issued under section 2903.213 or 2919.26 of the Revised Code.
(J) "Protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.
(K) "Child day-care center," "type A family day-care home"
and "type B family day-care home" have the same meanings as in
section 5104.01 of the Revised Code.
(L) "Foreign air transportation," "interstate air
transportation," and "intrastate air transportation" have the same
meanings as in 49 U.S.C. 40102, as now or hereafter amended.
(M) "Commercial motor vehicle" has the same meaning as in
division (A) of section 4506.25 of the Revised Code.
(N) "Motor carrier enforcement unit" has the same meaning as
in section 2923.16 of the Revised Code.
Sec. 2923.125. (A) This section applies with respect to the
application for and issuance by this state of concealed handgun
licenses other than concealed handgun licenses on a temporary
emergency basis that are issued under section 2923.1213 of the
Revised Code. Upon the request of a person who wishes to obtain a
concealed handgun license with respect to which this section
applies or to renew a concealed handgun license with respect to
which this section applies, a sheriff, as provided in division (I)
of this section, shall provide to the person free of charge an
application form and the web site address at which a printable
version of the application form that can be downloaded and the
pamphlet described in division (B) of section 109.731 of the
Revised Code may be found. A sheriff shall accept a completed
application form and the fee, items, materials, and information
specified in divisions (B)(1) to (5) of this section at the times
and in the manners described in division (I) of this section.
(B) An applicant for a concealed handgun license with respect
to which this section applies who is a resident of this state
shall submit a completed application form and all of the following
material and information described in divisions (B)(1) to (5) of
this section to the sheriff of the county in which the applicant
resides or to the sheriff of any county adjacent to the county in
which the applicant resides. An applicant for a license who
resides in another state shall submit a completed application form
and all of the material and information described in divisions
(B)(1) to (6) of this section to the sheriff of the county in
which the applicant is employed or to the sheriff of any county
adjacent to the county in which the applicant is employed. An
applicant shall submit the following material and information to
the specified sheriff:
(1)(a) A nonrefundable license fee as described in either of
the following:
(i) For an applicant who has been a resident of this state
for five or more years, a fee of sixty-seven dollars;
(ii) For an applicant who has been a resident of this state
for less than five years or who is not a resident of this state,
but who is employed in this state, a fee of sixty-seven dollars
plus the actual cost of having a background check performed by the
federal bureau of investigation.
(b) No sheriff shall require an applicant to pay for the cost
of a background check performed by the bureau of criminal
identification and investigation.
(c) A sheriff shall waive the payment of the license fee
described in division (B)(1)(a) of this section in connection with
an initial or renewal application for a license that is submitted
by an applicant who is a retired peace officer, a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code, or a retired federal law enforcement officer who, prior to
retirement, was authorized under federal law to carry a firearm in
the course of duty, unless the retired peace officer, person, or
federal law enforcement officer retired as the result of a mental
disability.
(d) The sheriff shall deposit all fees paid by an applicant
under division (B)(1)(a) of this section into the sheriff's
concealed handgun license issuance fund established pursuant to
section 311.42 of the Revised Code. The county shall distribute
the fees in accordance with section 311.42 of the Revised Code.
(2) A color photograph of the applicant that was taken within
thirty days prior to the date of the application;
(3) One or more of the following competency certifications,
each of which shall reflect that, regarding a certification
described in division (B)(3)(a), (b), (c), (e), or (f) of this
section, within the three years immediately preceding the
application the applicant has performed that to which the
competency certification relates and that, regarding a
certification described in division (B)(3)(d) of this section, the
applicant currently is an active or reserve member of the armed
forces of the United States or within the six years immediately
preceding the application the is a former member of the armed
forces of the United States and has retired from the armed forces
or has received an honorable discharge or retirement to which the
competency certification relates occurred:
(a) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that was offered by or
under the auspices of the national rifle association and that
complies with the requirements set forth in division (G) of this
section;
(b) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that satisfies all of
the following criteria:
(i) It was open to members of the general public.
(ii) It utilized qualified instructors who were certified by
the national rifle association, the executive director of the Ohio
peace officer training commission pursuant to section 109.75 or
109.78 of the Revised Code, or a governmental official or entity
of another state.
(iii) It was offered by or under the auspices of a law
enforcement agency of this or another state or the United States,
a public or private college, university, or other similar
postsecondary educational institution located in this or another
state, a firearms training school located in this or another
state, or another type of public or private entity or organization
located in this or another state.
(iv) It complies with the requirements set forth in division
(G) of this section.
(c) An original or photocopy of a certificate of completion
of a state, county, municipal, or department of natural resources
peace officer training school that is approved by the executive
director of the Ohio peace officer training commission pursuant to
section 109.75 of the Revised Code and that complies with the
requirements set forth in division (G) of this section, or the
applicant has satisfactorily completed and been issued a
certificate of completion of a basic firearms training program, a
firearms requalification training program, or another basic
training program described in section 109.78 or 109.801 of the
Revised Code that complies with the requirements set forth in
division (G) of this section;
(d) A document that evidences both of the following:
(i) That the applicant is an active or reserve member of the
armed forces of the United States, has retired from or was
honorably discharged from military service in the active or
reserve armed forces of the United States, is a retired trooper of
the state highway patrol, or is a retired peace officer or federal
law enforcement officer described in division (B)(1) of this
section or a retired person described in division (B)(1)(b) of
section 109.77 of the Revised Code and division (B)(1) of this
section;
(ii) That, through participation in the military service or
through the former employment described in division (B)(3)(d)(i)
of this section, the applicant acquired experience with handling
handguns or other firearms, and the experience so acquired was
equivalent to training that the applicant could have acquired in a
course, class, or program described in division (B)(3)(a), (b), or
(c) of this section.
(e) A certificate or another similar document that evidences
satisfactory completion of a firearms training, safety, or
requalification or firearms safety instructor course, class, or
program that is not otherwise described in division (B)(3)(a),
(b), (c), or (d) of this section, that was conducted by an
instructor who was certified by an official or entity of the
government of this or another state or the United States or by the
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;
(g) A document that evidences that the applicant has
successfully completed either the Ohio peace officer training
program described in section 109.79 of the Revised Code or the
annual firearms requalification training program described in
section 109.801 of the Revised Code.
(4) A certification by the applicant that the applicant has
read the pamphlet prepared by the Ohio peace officer training
commission pursuant to section 109.731 of the Revised Code that
reviews firearms, dispute resolution, and use of deadly force
matters.
(5) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of such a reading device, on a standard
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code.
(6) If the applicant resides in another state, adequate proof
of employment in Ohio.
(C) Upon receipt of the completed application form,
supporting documentation, and, if not waived, license fee of an
applicant under this section, a sheriff, in the manner specified
in section 311.41 of the Revised Code, shall conduct or cause to
be conducted the criminal records check and the incompetency
records check described in section 311.41 of the Revised Code.
(D)(1) Except as provided in division (D)(3) or (4) of this
section, within forty-five days after a sheriff's receipt of an
applicant's completed application form for a concealed handgun
license under this section, the supporting documentation, and, if
not waived, the license fee, the sheriff shall make available
through the law enforcement automated data system in accordance
with division (H) of this section the information described in
that division and, upon making the information available through
the system, shall issue to the applicant a concealed handgun
license that shall expire as described in division (D)(2)(a) of
this section if all of the following apply:
(a) The applicant is legally living in the United States, has
been a resident of this state for at least forty-five days, and
has been a resident of the county in which the person seeks the
license or a county adjacent to the county in which the person
seeks the license for at least thirty days. For purposes of
division (D)(1)(a) of this section:
(i) If, if a person is absent from the United States, from
this state, or from a particular county in this state in
compliance with military or naval orders as an active or reserve
member of the armed forces of the United States and if prior to
leaving this state in compliance with those orders the United
States the person was legally living in the United States and was
a resident of this state, the person, solely by reason of that
absence, shall not be considered to have lost the person's status
as living in the United States or the person's residence in this
state or in the county in which the person was a resident prior to
leaving this state in compliance with those orders, without regard
to whether or not the person intends to return to this state or to
that county, shall not be considered to have acquired a residence
in any other state, and shall not be considered to have become a
resident of any other state.
(ii) If a person is present in this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least forty-five days,
the person shall be considered to have been a resident of this
state for that period of at least forty-five days, and, if a
person is present in a county of this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least thirty days, the
person shall be considered to have been a resident of that county
for that period of at least thirty days.
(b) The applicant is at least twenty-one years of age.
(c) The applicant is not a fugitive from justice.
(d) The applicant is not under indictment for or otherwise
charged with a felony; an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse; a misdemeanor offense of violence; or a violation
of section 2903.14 or 2923.1211 of the Revised Code.
(e) Except as otherwise provided in division (D)(5)(4) of
this section, the applicant has not been convicted of or pleaded
guilty to a felony or an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse; 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)(4) of
this section, the applicant, within three years of the date of the
application, has not been convicted of or pleaded guilty to a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer, or a misdemeanor violation of section 2923.1211 of
the Revised Code; and has not been adjudicated a delinquent child
for committing an act that if committed by an adult would be a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer or for committing an act that if committed by an
adult would be a misdemeanor violation of section 2923.1211 of the
Revised Code.
(g) Except as otherwise provided in division (D)(1)(e) of
this section, the applicant, within five years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing two or more
violations of section 2903.13 or 2903.14 of the Revised Code.
(h) Except as otherwise provided in division (D)(5)(4) of
this section, the applicant, within ten years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2921.33 of the Revised Code.
(i) The applicant has not been adjudicated as a mental
defective, has not been committed to any mental institution, is
not under adjudication of mental incompetence, has not been found
by a court to be a mentally ill person subject to hospitalization
by court order, and is not an involuntary patient other than one
who is a patient only for purposes of observation. As used in this
division, "mentally ill person subject to hospitalization by court
order" and "patient" have the same meanings as in section 5122.01
of the Revised Code.
(j) The applicant is not currently subject to a civil
protection order, a temporary protection order, or a protection
order issued by a court of another state.
(k) The applicant certifies that the applicant desires a
legal means to carry a concealed handgun for defense of the
applicant or a member of the applicant's family while engaged in
lawful activity.
(l) The applicant submits a competency certification of the
type described in division (B)(3) of this section and submits a
certification of the type described in division (B)(4) of this
section regarding the applicant's reading of the pamphlet prepared
by the Ohio peace officer training commission pursuant to section
109.731 of the Revised Code.
(m) The applicant currently is not subject to a suspension
imposed under division (A)(2) of section 2923.128 of the Revised
Code of a concealed handgun license that previously was issued to
the applicant under this section or section 2923.1213 of the
Revised Code or a similar suspension imposed by another state
regarding a concealed handgun license issued by that state.
(n) If the applicant resides in another state, the applicant
is employed in this state.
(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 (a) Except as provided in division (F)(1)(b) of this
section, a licensee who wishes to renew a concealed handgun
license issued under this section shall do so not earlier than
ninety days before the expiration date of the license or at any
time after the expiration date of the license by filing with the
sheriff of the county in which the applicant resides or with the
sheriff of an adjacent county, or in the case of a applicant who
resides in another state with the sheriff of the county that
issued the applicant's previous concealed handgun license an
application for renewal of the license obtained pursuant to
division (D) of this section, a certification by the applicant
that, subsequent to the issuance of the license, the applicant has
reread the pamphlet prepared by the Ohio peace officer training
commission pursuant to section 109.731 of the Revised Code that
reviews firearms, dispute resolution, and use of deadly force
matters, and a nonrefundable license renewal fee in an amount
determined pursuant to division (F)(4) of this section unless the
fee is waived.
(b) A person on active duty in the armed forces of the United
States or in service with the peace corps, volunteers in service
to America, or the foreign service of the United States is exempt
from the license requirements of this section for the period of
the person's active duty or service and for six months thereafter,
provided the person was a licensee under this section at the time
the person commenced the person's active duty or service or had
obtained a license while on active duty or service. The spouse or
a dependent of any such person on active duty or in service also
is exempt from the license requirements of this section for the
period of the person's active duty or service and for six months
thereafter, provided the spouse or dependent was a licensee under
this section at the time the person commenced the active duty or
service or had obtained a license while the person was on active
duty or service, and provided further that the person's active
duty or service resulted in the spouse or dependent relocating
outside of this state during the period of the active duty or
service. This division does not prevent such a person or the
person's spouse or dependent from making an application for the
renewal of a concealed handgun license during the period of the
person's active duty or service.
(2) A sheriff shall accept a completed renewal application,
the license renewal fee, and the information specified in division
(F)(1) of this section at the times and in the manners described
in division (I) of this section. Upon receipt of a completed
renewal application, of certification that the applicant has
reread the specified pamphlet prepared by the Ohio peace officer
training commission, and of a license renewal fee unless the fee
is waived, a sheriff, in the manner specified in section 311.41 of
the Revised Code shall conduct or cause to be conducted the
criminal records check and the incompetency records check
described in section 311.41 of the Revised Code. The sheriff shall
renew the license if the sheriff determines that the applicant
continues to satisfy the requirements described in division (D)(1)
of this section, except that the applicant is not required to meet
the requirements of division (D)(1)(l) of this section. A renewed
license shall expire five years after the date of issuance. A
renewed license is subject to division (E) of this section and
sections 2923.126 and 2923.128 of the Revised Code. A sheriff
shall comply with divisions (D)(2) to (4) and (3) of this section
when the circumstances described in those divisions apply to a
requested license renewal. If a sheriff denies the renewal of a
concealed handgun license, the applicant may appeal the denial, or
challenge the criminal record check results that were the basis of
the denial if applicable, in the same manner as specified in
division (D)(2)(b) of this section and in section 2923.127 of the
Revised Code, regarding the denial of a license under this
section.
(3) A renewal application submitted pursuant to division (F)
of this section shall only require the licensee to list on the
application form information and matters occurring since the date
of the licensee's last application for a license pursuant to
division (B) or (F) of this section. A sheriff conducting the
criminal records check and the incompetency records check
described in section 311.41 of the Revised Code shall conduct the
check only from the date of the licensee's last application for a
license pursuant to division (B) or (F) of this section through
the date of the renewal application submitted pursuant to division
(F) of this section.
(4) An applicant for a renewal concealed handgun license
under this section shall submit to the sheriff of the county in
which the applicant resides or to the sheriff of any county
adjacent to the county in which the applicant resides, or in the
case of an applicant who resides in another state to the sheriff
of the county that issued the applicant's previous concealed
handgun license, a nonrefundable license fee as described in
either of the following:
(a) For an applicant who has been a resident of this state
for five or more years, a fee of fifty dollars;
(b) For an applicant who has been a resident of this state
for less than five years or who is not a resident of this state
but who is employed in this state, a fee of fifty dollars plus the
actual cost of having a background check performed by the federal
bureau of investigation.
(G)(1) Each course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section shall provide to each
person who takes the course, class, or program the web site
address at which the pamphlet prepared by the Ohio peace officer
training commission pursuant to section 109.731 of the Revised
Code that reviews firearms, dispute resolution, and use of deadly
force matters may be found. Each such course, class, or program
described in one of those divisions shall include at least twelve
eight hours of training in the safe handling and use of a firearm
that shall include training on all of the following:
(a) At least ten hours of training on the following matters:
(i) The ability to name, explain, and demonstrate the rules
for safe handling of a handgun and proper storage practices for
handguns and ammunition;
(ii)(b) The ability to demonstrate and explain how to handle
ammunition in a safe manner;
(iii)(c) The ability to demonstrate the knowledge, skills,
and attitude necessary to shoot a handgun in a safe manner;
(iv)(d) Gun handling training.
(b) At least two hours of training;
(e) Training that consists of range time and live-fire
training.
(2) To satisfactorily complete the course, class, or program
described in division (B)(3)(a), (b), (c), or (e) of this section,
the applicant shall pass a competency examination that shall
include both of the following:
(a) A written section on the ability to name and explain the
rules for the safe handling of a handgun and proper storage
practices for handguns and ammunition;
(b) A physical demonstration of competence in the use of a
handgun and in the rules for safe handling and storage of a
handgun and a physical demonstration of the attitude necessary to
shoot a handgun in a safe manner.
(3) The competency certification described in division
(B)(3)(a), (b), (c), or (e) of this section shall be dated and
shall attest that the course, class, or program the applicant
successfully completed met the requirements described in division
(G)(1) of this section and that the applicant passed the
competency examination described in division (G)(2) of this
section.
(H) Upon deciding to issue a concealed handgun license,
deciding to issue a replacement concealed handgun license, or
deciding to renew a concealed handgun license pursuant to this
section, and before actually issuing or renewing the license, the
sheriff shall make available through the law enforcement automated
data system all information contained on the license. If the
license subsequently is suspended under division (A)(1) or (2) of
section 2923.128 of the Revised Code, revoked pursuant to division
(B)(1) of section 2923.128 of the Revised Code, or lost or
destroyed, the sheriff also shall make available through the law
enforcement automated data system a notation of that fact. The
superintendent of the state highway patrol shall ensure that the
law enforcement automated data system is so configured as to
permit the transmission through the system of the information
specified in this division.
(I) A sheriff shall accept a completed application form or
renewal application, and the fee, items, materials, and
information specified in divisions (B)(1) to (5) or division (F)
of this section, whichever is applicable, and shall provide an
application form or renewal application to any person during at
least fifteen hours a week and shall provide the web site address
at which a printable version of the application form that can be
downloaded and the pamphlet described in division (B) of section
109.731 of the Revised Code may be found at any time, upon
request. The sheriff shall post notice of the hours during which
the sheriff is available to accept or provide the information
described in this division.
Sec. 2923.126. (A) A concealed handgun license that is
issued under section 2923.125 of the Revised Code shall expire
five years after the date of issuance. A licensee who has been
issued a license under that section shall be granted a grace
period of thirty days after the licensee's license expires during
which the licensee's license remains valid. Except as provided in
divisions (B) and (C) of this section, a licensee who has been
issued a concealed handgun license under section 2923.125 or
2923.1213 of the Revised Code may carry a concealed handgun
anywhere in this state if the licensee also carries a valid
license and valid identification when the licensee is in actual
possession of a concealed handgun. The licensee shall give notice
of any change in the licensee's residence address to the sheriff
who issued the license within forty-five days after that change.
If a licensee is the driver or an occupant of a motor vehicle
that is stopped as the result of a traffic stop or a stop for
another law enforcement purpose and if the licensee is
transporting or has a loaded handgun in the motor vehicle at that
time, the licensee shall promptly inform any law enforcement
officer who approaches the vehicle while stopped that the licensee
has been issued a concealed handgun license and that the licensee
currently possesses or has a loaded handgun; the licensee shall
not knowingly disregard or fail to comply with lawful orders of a
law enforcement officer given while the motor vehicle is stopped,
knowingly fail to remain in the motor vehicle while stopped, or
knowingly fail to keep the licensee's hands in plain sight after
any law enforcement officer begins approaching the licensee while
stopped and before the officer leaves, unless directed otherwise
by a law enforcement officer; and the licensee shall not knowingly
have contact with the loaded handgun by touching it with the
licensee's hands or fingers, in any manner in violation of
division (E) of section 2923.16 of the Revised Code, after any law
enforcement officer begins approaching the licensee while stopped
and before the officer leaves. Additionally, if a licensee is the
driver or an occupant of a commercial motor vehicle that is
stopped by an employee of the motor carrier enforcement unit for
the purposes defined in section 5503.04 of the Revised Code and if
the licensee is transporting or has a loaded handgun in the
commercial motor vehicle at that time, the licensee shall promptly
inform the employee of the unit who approaches the vehicle while
stopped that the licensee has been issued a concealed handgun
license and that the licensee currently possesses or has a loaded
handgun.
If a licensee is stopped for a law enforcement purpose and if
the licensee is carrying a concealed handgun at the time the
officer approaches, the licensee shall promptly inform any law
enforcement officer who approaches the licensee while stopped that
the licensee has been issued a concealed handgun license and that
the licensee currently is carrying a concealed handgun; the
licensee shall not knowingly disregard or fail to comply with
lawful orders of a law enforcement officer given while the
licensee is stopped or knowingly fail to keep the licensee's hands
in plain sight after any law enforcement officer begins
approaching the licensee while stopped and before the officer
leaves, unless directed otherwise by a law enforcement officer;
and the licensee shall not knowingly remove, attempt to remove,
grasp, or hold the loaded handgun or knowingly have contact with
the loaded handgun by touching it with the licensee's hands or
fingers, in any manner in violation of division (B) of section
2923.12 of the Revised Code, after any law enforcement officer
begins approaching the licensee while stopped and before the
officer leaves.
(B) A valid concealed handgun license does not authorize the
licensee to carry a concealed handgun in any manner prohibited
under division (B) of section 2923.12 of the Revised Code or in
any manner prohibited under section 2923.16 of the Revised Code. A
valid license does not authorize the licensee to carry a concealed
handgun into any of the following places:
(1) A police station, sheriff's office, or state highway
patrol station, premises controlled by the bureau of criminal
identification and investigation, a state correctional
institution, jail, workhouse, or other detention facility, an
airport passenger terminal, or an institution that is maintained,
operated, managed, and governed pursuant to division (A) of
section 5119.14 of the Revised Code or division (A)(1) of section
5123.03 of the Revised Code;
(2) A school safety zone if the licensee's carrying the
concealed handgun is in violation of section 2923.122 of the
Revised Code;
(3) A courthouse or another building or structure in which a
courtroom is located, in violation of section 2923.123 of the
Revised Code;
(4) Any premises or open air arena for which a D permit has
been issued under Chapter 4303. of the Revised Code if the
licensee's carrying the concealed handgun is in violation of
section 2923.121 of the Revised Code;
(5) Any premises owned or leased by any public or private
college, university, or other institution of higher education,
unless the handgun is in a locked motor vehicle or the licensee is
in the immediate process of placing the handgun in a locked motor
vehicle;
(6) Any church, synagogue, mosque, or other place of worship,
unless the church, synagogue, mosque, or other place of worship
posts or permits otherwise;
(7) A child day-care center, a type A family day-care home,
or a type B family day-care home, except that this division does
not prohibit a licensee who resides in a type A family day-care
home or a type B family day-care home from carrying a concealed
handgun at any time in any part of the home that is not dedicated
or used for day-care purposes, or from carrying a concealed
handgun in a part of the home that is dedicated or used for
day-care purposes at any time during which no children, other than
children of that licensee, are in the home;
(8) An aircraft that is in, or intended for operation in,
foreign air transportation, interstate air transportation,
intrastate air transportation, or the transportation of mail by
aircraft;
(9) Any building that is a government facility of this state
or a political subdivision of this state and that is not a
building that is used primarily as a shelter, restroom, parking
facility for motor vehicles, or rest facility and is not a
courthouse or other building or structure in which a courtroom is
located that is subject to division (B)(3) of this section;
(10) A place in which federal law prohibits the carrying of
handguns.
(C)(1) Nothing in this section shall negate or restrict a
rule, policy, or practice of a private employer that is not a
private college, university, or other institution of higher
education concerning or prohibiting the presence of firearms on
the private employer's premises or property, including motor
vehicles owned by the private employer. Nothing in this section
shall require a private employer of that nature to adopt a rule,
policy, or practice concerning or prohibiting the presence of
firearms on the private employer's premises or property, including
motor vehicles owned by the private employer.
(2)(a) A private employer shall be immune from liability in a
civil action for any injury, death, or loss to person or property
that allegedly was caused by or related to a licensee bringing a
handgun onto the premises or property of the private employer,
including motor vehicles owned by the private employer, unless the
private employer acted with malicious purpose. A private employer
is immune from liability in a civil action for any injury, death,
or loss to person or property that allegedly was caused by or
related to the private employer's decision to permit a licensee to
bring, or prohibit a licensee from bringing, a handgun onto the
premises or property of the private employer. As used in this
division, "private employer" includes a private college,
university, or other institution of higher education.
(b) A political subdivision shall be immune from liability in
a civil action, to the extent and in the manner provided in
Chapter 2744. of the Revised Code, for any injury, death, or loss
to person or property that allegedly was caused by or related to a
licensee bringing a handgun onto any premises or property owned,
leased, or otherwise under the control of the political
subdivision. As used in this division, "political subdivision" has
the same meaning as in section 2744.01 of the Revised Code.
(3)(a) Except as provided in division (C)(3)(b) of this
section, the owner or person in control of private land or
premises, and a private person or entity leasing land or premises
owned by the state, the United States, or a political subdivision
of the state or the United States, may post a sign in a
conspicuous location on that land or on those premises prohibiting
persons from carrying firearms or concealed firearms on or onto
that land or those premises. Except as otherwise provided in this
division, a person who knowingly violates a posted prohibition of
that nature is guilty of criminal trespass in violation of
division (A)(4) of section 2911.21 of the Revised Code and is
guilty of a misdemeanor of the fourth degree. If a person
knowingly violates a posted prohibition of that nature and the
posted land or premises primarily was a parking lot or other
parking facility, the person is not guilty of criminal trespass in
violation of division (A)(4) of under section 2911.21 of the
Revised Code or under any other criminal law of this state or
criminal law, ordinance, or resolution of a political subdivision
of this state, and instead is subject only to a civil cause of
action for trespass based on the violation.
(b) A landlord may not prohibit or restrict a tenant who is a
licensee and who on or after September 9, 2008, enters into a
rental agreement with the landlord for the use of residential
premises, and the tenant's guest while the tenant is present, from
lawfully carrying or possessing a handgun on those residential
premises.
(c) As used in division (C)(3) of this section:
(i) "Residential premises" has the same meaning as in section
5321.01 of the Revised Code, except "residential premises" does
not include a dwelling unit that is owned or operated by a college
or university.
(ii) "Landlord," "tenant," and "rental agreement" have the
same meanings as in section 5321.01 of the Revised Code.
(D) A person who holds a concealed handgun license issued by
another state that is recognized by the attorney general pursuant
to a reciprocity agreement entered into pursuant to section 109.69
of the Revised Code has the same right to carry a concealed
handgun in this state as a person who was issued a concealed
handgun license under section 2923.125 of the Revised Code and is
subject to the same restrictions that apply to a person who
carries a license issued under that section.
(E) A peace officer has the same right to carry a concealed
handgun in this state as a person who was issued a concealed
handgun license under section 2923.125 of the Revised Code. For
purposes of reciprocity with other states, a peace officer shall
be considered to be a licensee in this state.
(F)(1) A qualified retired peace officer who possesses a
retired peace officer identification card issued pursuant to
division (F)(2) of this section and a valid firearms
requalification certification issued pursuant to division (F)(3)
of this section has the same right to carry a concealed handgun in
this state as a person who was issued a concealed handgun license
under section 2923.125 of the Revised Code and is subject to the
same restrictions that apply to a person who carries a license
issued under that section. For purposes of reciprocity with other
states, a qualified retired peace officer who possesses a retired
peace officer identification card issued pursuant to division
(F)(2) of this section and a valid firearms requalification
certification issued pursuant to division (F)(3) of this section
shall be considered to be a licensee in this state.
(2)(a) Each public agency of this state or of a political
subdivision of this state that is served by one or more peace
officers shall issue a retired peace officer identification card
to any person who retired from service as a peace officer with
that agency, if the issuance is in accordance with the agency's
policies and procedures and if the person, with respect to the
person's service with that agency, satisfies all of the following:
(i) The person retired in good standing from service as a
peace officer with the public agency, and the retirement was not
for reasons of mental instability.
(ii) Before retiring from service as a peace officer with
that agency, the person was authorized to engage in or supervise
the prevention, detection, investigation, or prosecution of, or
the incarceration of any person for, any violation of law and the
person had statutory powers of arrest.
(iii) At the time of the person's retirement as a peace
officer with that agency, the person was trained and qualified to
carry firearms in the performance of the peace officer's duties.
(iv) Before retiring from service as a peace officer with
that agency, the person was regularly employed as a peace officer
for an aggregate of fifteen years or more, or, in the alternative,
the person retired from service as a peace officer with that
agency, after completing any applicable probationary period of
that service, due to a service-connected disability, as determined
by the agency.
(b) A retired peace officer identification card issued to a
person under division (F)(2)(a) of this section shall identify the
person by name, contain a photograph of the person, identify the
public agency of this state or of the political subdivision of
this state from which the person retired as a peace officer and
that is issuing the identification card, and specify that the
person retired in good standing from service as a peace officer
with the issuing public agency and satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section. In
addition to the required content specified in this division, a
retired peace officer identification card issued to a person under
division (F)(2)(a) of this section may include the firearms
requalification certification described in division (F)(3) of this
section, and if the identification card includes that
certification, the identification card shall serve as the firearms
requalification certification for the retired peace officer. If
the issuing public agency issues credentials to active law
enforcement officers who serve the agency, the agency may comply
with division (F)(2)(a) of this section by issuing the same
credentials to persons who retired from service as a peace officer
with the agency and who satisfy the criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this section, provided that the
credentials so issued to retired peace officers are stamped with
the word "RETIRED."
(c) A public agency of this state or of a political
subdivision of this state may charge persons who retired from
service as a peace officer with the agency a reasonable fee for
issuing to the person a retired peace officer identification card
pursuant to division (F)(2)(a) of this section.
(3) If a person retired from service as a peace officer with
a public agency of this state or of a political subdivision of
this state and the person satisfies the criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this section, the public agency
may provide the retired peace officer with the opportunity to
attend a firearms requalification program that is approved for
purposes of firearms requalification required under section
109.801 of the Revised Code. The retired peace officer may be
required to pay the cost of the course.
If a retired peace officer who satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a
firearms requalification program that is approved for purposes of
firearms requalification required under section 109.801 of the
Revised Code, the retired peace officer's successful completion of
the firearms requalification program requalifies the retired peace
officer for purposes of division (F) of this section for five
years from the date on which the program was successfully
completed, and the requalification is valid during that five-year
period. If a retired peace officer who satisfies the criteria set
forth in divisions (F)(2)(a)(i) to (iv) of this section
satisfactorily completes such a firearms requalification program,
the retired peace officer shall be issued a firearms
requalification certification that identifies the retired peace
officer by name, identifies the entity that taught the program,
specifies that the retired peace officer successfully completed
the program, specifies the date on which the course was
successfully completed, and specifies that the requalification is
valid for five years from that date of successful completion. The
firearms requalification certification for a retired peace officer
may be included in the retired peace officer identification card
issued to the retired peace officer under division (F)(2) of this
section.
A retired peace officer who attends a firearms
requalification program that is approved for purposes of firearms
requalification required under section 109.801 of the Revised Code
may be required to pay the cost of the program.
(G) As used in this section:
(1) "Qualified retired peace officer" means a person who
satisfies all of the following:
(a) The person satisfies the criteria set forth in divisions
(F)(2)(a)(i) to (v) of this section.
(b) The person is not under the influence of alcohol or
another intoxicating or hallucinatory drug or substance.
(c) The person is not prohibited by federal law from
receiving firearms.
(2) "Retired peace officer identification card" means an
identification card that is issued pursuant to division (F)(2) of
this section to a person who is a retired peace officer.
(3) "Government facility of this state or a political
subdivision of this state" means any of the following:
(a) A building or part of a building that is owned or leased
by the government of this state or a political subdivision of this
state and where employees of the government of this state or the
political subdivision regularly are present for the purpose of
performing their official duties as employees of the state or
political subdivision;
(b) The office of a deputy registrar serving pursuant to
Chapter 4503. of the Revised Code that is used to perform deputy
registrar functions.
Sec. 2923.1213. (A) As used in this section:
(1) "Evidence of imminent danger" means any of the following:
(a) A statement sworn by the person seeking to carry a
concealed handgun that is made under threat of perjury and that
states that the person has reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed;
(b) A written document prepared by a governmental entity or
public official describing the facts that give the person seeking
to carry a concealed handgun reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed. Written documents
of this nature include, but are not limited to, any temporary
protection order, civil protection order, protection order issued
by another state, or other court order, any court report, and any
report filed with or made by a law enforcement agency or
prosecutor.
(2) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(B)(1) A person seeking a concealed handgun license on a
temporary emergency basis shall submit to the sheriff of the
county in which the person resides or in the case of a person who
usually resides in another state, to the sheriff of the county in
which the person is temporarily staying all of the following:
(a) Evidence of imminent danger to the person or a member of
the person's family;
(b) A sworn affidavit that contains all of the information
required to be on the license and attesting that the person is
legally living in the United States; is at least twenty-one years
of age; is not a fugitive from justice; is not under indictment
for or otherwise charged with an offense identified in division
(D)(1)(d) of section 2923.125 of the Revised Code; has not been
convicted of or pleaded guilty to an offense, and has not been
adjudicated a delinquent child for committing an act, identified
in division (D)(1)(e) of that section and to which division (B)(3)
of this section does not apply; within three years of the date of
the submission, has not been convicted of or pleaded guilty to an
offense, and has not been adjudicated a delinquent child for
committing an act, identified in division (D)(1)(f) of that
section and to which division (B)(3) of this section does not
apply; within five years of the date of the submission, has not
been convicted of, pleaded guilty, or adjudicated a delinquent
child for committing two or more violations identified in division
(D)(1)(g) of that section; within ten years of the date of the
submission, has not been convicted of, pleaded guilty, or
adjudicated a delinquent child for committing a violation
identified in division (D)(1)(h) of that section and to which
division (B)(3) of this section does not apply; has not been
adjudicated as a mental defective, has not been committed to any
mental institution, is not under adjudication of mental
incompetence, has not been found by a court to be a mentally ill
person subject to hospitalization by court order, and is not an
involuntary patient other than one who is a patient only for
purposes of observation, as described in division (D)(1)(i) of
that section; is not currently subject to a civil protection
order, a temporary protection order, or a protection order issued
by a court of another state, as described in division (D)(1)(j) of
that section; and is not currently subject to a suspension imposed
under division (A)(2) of section 2923.128 of the Revised Code of a
concealed handgun license that previously was issued to the person
or a similar suspension imposed by another state regarding a
concealed handgun license issued by that state;
(c) A nonrefundable temporary emergency license fee as
described in either of the following:
(i) For an applicant who has been a resident of this state
for five or more years, a fee of fifteen dollars plus the actual
cost of having a background check performed by the bureau of
criminal identification and investigation pursuant to section
311.41 of the Revised Code;
(ii) For an applicant who has been a resident of this state
for less than five years or who is not a resident of this state,
but is temporarily staying in this state, a fee of fifteen dollars
plus the actual cost of having background checks performed by the
federal bureau of investigation and the bureau of criminal
identification and investigation pursuant to section 311.41 of the
Revised Code.
(d) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of an electronic fingerprint reading
device, on a standard impression sheet prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code. If the
fingerprints are provided on a standard impression sheet, the
person also shall provide the person's social security number to
the sheriff.
(2) A sheriff shall accept the evidence of imminent danger,
the sworn affidavit, the fee, and the set of fingerprints required
under division (B)(1) of this section at the times and in the
manners described in division (I) of this section. Upon receipt of
the evidence of imminent danger, the sworn affidavit, the fee, and
the set of fingerprints required under division (B)(1) of this
section, the sheriff, in the manner specified in section 311.41 of
the Revised Code, immediately shall conduct or cause to be
conducted the criminal records check and the incompetency records
check described in section 311.41 of the Revised Code. Immediately
upon receipt of the results of the records checks, the sheriff
shall review the information and shall determine whether the
criteria set forth in divisions (D)(1)(a) to (j) and (m) 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)(a) and (5)(d) of
section 109.731 of the Revised Code, and also shall include a
unique combination of identifying letters and numbers in
accordance with division (A)(4)(2)(c) of that section.
The license on a temporary emergency basis issued under this
division is valid for ninety days and may not be renewed. A person
who has been issued a license on a temporary emergency basis under
this division shall not be issued another license on a temporary
emergency basis unless at least four years has expired since the
issuance of the prior license on a temporary emergency basis.
(3) If a person seeking a concealed handgun license on a
temporary emergency basis has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
section 2923.125 of the Revised Code or has been adjudicated a
delinquent child for committing an act or violation identified in
any of those divisions, and if a court has ordered the sealing or
expungement of the records of that conviction, guilty plea, or
adjudication pursuant to sections 2151.355 to 2151.358 or sections
2953.31 to 2953.36 of the Revised Code or a court has granted the
applicant relief pursuant to section 2923.14 of the Revised Code
from the disability imposed pursuant to section 2923.13 of the
Revised Code relative to that conviction, guilty plea, or
adjudication, the conviction, guilty plea, or adjudication shall
not be relevant for purposes of the sworn affidavit described in
division (B)(1)(b) of this section, and the person may complete,
and swear to the truth of, the affidavit as if the conviction,
guilty plea, or adjudication never had occurred.
(4) The sheriff shall waive the payment pursuant to division
(B)(1)(c) of this section of the license fee in connection with an
application that is submitted by an applicant who is a retired
peace officer, a retired person described in division (B)(1)(b) of
section 109.77 of the Revised Code, or a retired federal law
enforcement officer who, prior to retirement, was authorized under
federal law to carry a firearm in the course of duty, unless the
retired peace officer, person, or federal law enforcement officer
retired as the result of a mental disability.
The sheriff shall deposit all fees paid by an applicant under
division (B)(1)(c) of this section into the sheriff's concealed
handgun license issuance fund established pursuant to section
311.42 of the Revised Code.
(C) A person who holds a concealed handgun license on a
temporary emergency basis has the same right to carry a concealed
handgun as a person who was issued a concealed handgun license
under section 2923.125 of the Revised Code, and any exceptions to
the prohibitions contained in section 1547.69 and sections 2923.12
to 2923.16 of the Revised Code for a licensee under section
2923.125 of the Revised Code apply to a licensee under this
section. The person is subject to the same restrictions, and to
all other procedures, duties, and sanctions, that apply to a
person who carries a license issued under section 2923.125 of the
Revised Code, other than the license renewal procedures set forth
in that section.
(D) A sheriff who issues a concealed handgun license on a
temporary emergency basis under this section shall not require a
person seeking to carry a concealed handgun in accordance with
this section to submit a competency certificate as a prerequisite
for issuing the license and shall comply with division (H) of
section 2923.125 of the Revised Code in regards to the license.
The sheriff shall suspend or revoke the license in accordance with
section 2923.128 of the Revised Code. In addition to the
suspension or revocation procedures set forth in section 2923.128
of the Revised Code, the sheriff may revoke the license upon
receiving information, verifiable by public documents, that the
person is not eligible to possess a firearm under either the laws
of this state or of the United States or that the person committed
perjury in obtaining the license; if the sheriff revokes a license
under this additional authority, the sheriff shall notify the
person, by certified mail, return receipt requested, at the
person's last known residence address that the license has been
revoked and that the person is required to surrender the license
at the sheriff's office within ten days of the date on which the
notice was mailed. Division (H) of section 2923.125 of the Revised
Code applies regarding any suspension or revocation of a concealed
handgun license on a temporary emergency basis.
(E) A sheriff who issues a concealed handgun license on a
temporary emergency basis under this section shall retain, for the
entire period during which the license is in effect, the evidence
of imminent danger that the person submitted to the sheriff and
that was the basis for the license, or a copy of that evidence, as
appropriate.
(F) If a concealed handgun license on a temporary emergency
basis issued under this section is lost or is destroyed, the
licensee may obtain from the sheriff who issued that license a
duplicate license upon the payment of a fee of fifteen dollars and
the submission of an affidavit attesting to the loss or
destruction of the license. The sheriff, in accordance with the
procedures prescribed in section 109.731 of the Revised Code,
shall place on the replacement license a combination of
identifying numbers different from the combination on the license
that is being replaced.
(G) The Ohio peace officer training commission attorney
general shall prescribe, and shall make available to sheriffs, a
standard form to be used under division (B) of this section by a
person who applies for a concealed handgun license on a temporary
emergency basis on the basis of imminent danger of a type
described in division (A)(1)(a) of this section.
The attorney
general shall design the form to enable applicants to provide the
information that is required by law to be collected, and shall
update the form as necessary. Burdens or restrictions to obtaining
a concealed handgun license that are not expressly prescribed in
law shall not be incorporated into the form. The attorney general
shall post a printable version of the form on the web site of the
attorney general and shall provide the address of the web site to
any person who requests the form.
(H) A sheriff who receives any fees paid by a person under
this section shall deposit all fees so paid into the sheriff's
concealed handgun license issuance expense fund established under
section 311.42 of the Revised Code.
(I) A sheriff shall accept evidence of imminent danger, a
sworn affidavit, the fee, and the set of fingerprints specified in
division (B)(1) of this section at any time during normal business
hours. In no case shall a sheriff require an appointment, or
designate a specific period of time, for the submission or
acceptance of evidence of imminent danger, a sworn affidavit, the
fee, and the set of fingerprints specified in division (B)(1) of
this section, or for the provision to any person of a standard
form to be used for a person to apply for a concealed handgun
license on a temporary emergency basis.
Sec. 2923.13. (A) Unless relieved from disability as
provided in section 2923.14 of the Revised Code under operation of
law or legal process, no person shall knowingly acquire, have,
carry, or use any firearm or dangerous ordnance, if any of the
following apply:
(1) The person is a fugitive from justice.
(2) The person is under indictment for or has been convicted
of any felony offense of violence or has been adjudicated a
delinquent child for the commission of an offense that, if
committed by an adult, would have been a felony offense of
violence.
(3) The person is under indictment for or has been convicted
of any felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse
or has been adjudicated a delinquent child for the commission of
an offense that, if committed by an adult, would have been a
felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse.
(4) The person is drug dependent, in danger of drug
dependence, or a chronic alcoholic.
(5) The person is under adjudication of mental incompetence,
has been adjudicated as a mental defective, has been committed to
a mental institution, has been found by a court to be a mentally
ill person subject to hospitalization by court order, or is an
involuntary patient other than one who is a patient only for
purposes of observation. As used in this division, "mentally ill
person subject to hospitalization by court order" and "patient"
have the same meanings as in section 5122.01 of the Revised Code.
(B) Whoever violates this section is guilty of having weapons
while under disability, a felony of the third degree.
Section 2. That existing sections 109.731, 109.85, 109.86,
2923.124, 2923.125, 2923.126, 2923.1213, and 2923.13 and section
2923.1210 of the Revised Code are hereby repealed.
Section 3. Section 2923.124 of the Revised Code is presented
in 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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