As Reported by the House Policy and Legislative Oversight Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 203

Representative Johnson 

Cosponsors: Representatives Henne, Gonzales, Adams, J., Conditt, Retherford, Maag, Hottinger, Terhar, Brenner, Beck, Lynch, Sprague, Becker, Derickson, Wachtmann, Buchy, Perales 

---

A BILL

To amend sections 9.68, 109.69, 109.731, 109.85,

1

109.86, 311.41, 311.42, 2901.09, 2917.11, 2917.31,

2

2923.11, 2923.125, 2923.1213, 2923.13, and 2923.14

3

and to repeal sections 2923.1210 and 2923.22 of

4

the Revised Code to modify concealed handgun law;

5

to permit investigators employed by the Attorney

6

General to investigate Medicaid fraud to go armed

7

in the same manner as sheriffs and regularly

8

appointed police officers; to expand the locations

9

at which a person has no duty to retreat before

10

using force in self-defense; and to provide that

11

the exercise of a constitutional or statutory

12

right is not, in itself, the offense of disorderly

13

conduct or inducing panic and does not constitute

14

reasonable, articulable suspicion of criminal

15

activity.

16

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 9.68, 109.69, 109.731, 109.85,	17
109.86, 311.41, 311.42, 2901.09, 2917.11, 2917.31, 2923.11,	18
2923.125, 2923.1213, 2923.13, and 2923.14 of the Revised Code be	19
amended to read as follows:	20

Sec. 9.68.  (A) The individual right to keep and bear arms,	21
being a fundamental individual right that predates the United	22
States Constitution and Ohio Constitution, and being a	23
constitutionally protected right in every part of Ohio, the	24
general assembly finds the need to provide uniform laws throughout	25
the state regulating the ownership, possession, purchase, other	26
acquisition, transport, storage, carrying, sale, or other transfer	27
of firearms, their components, and their ammunition. Except as	28
specifically provided by the United States Constitution, Ohio	29
Constitution, state law, or federal law, a person, without further	30
license, permission, restriction, delay, or process, may own,	31
possess, purchase, sell, transfer, transport, store, or keep any	32
firearm, part of a firearm, its components, and its ammunition.	33

(B) If, in an action or proceeding, the validity of a	34
firearms ordinance, rule, or regulation is questioned under	35
division (A) of this section:	36

(1) Voluntary repeal of the ordinance, rule, or regulation	37
during the action or proceeding entitles the person, group, or	38
entity questioning the ordinance, rule, or regulation to judgement	39
in the person's, group's, or entity's favor, and the court shall	40
award to the person, group, or entity a civil forfeiture of one	41
hundred dollars for each day the challenged ordinance, rule, or	42
regulation remained in effect after the action or proceeding	43
commenced.	44

(2) In addition to any other relief provided, the court shall	45
award costs and reasonable attorney fees to any person, group, or	46
entity that prevails in a challenge to ana firearms ordinance,	47
rule, or regulation as being in conflict with this sectionOhio	48
law.	49

(C) As used in this section:

50

(1) The possession, transporting, or carrying of firearms,	51
their components, or their ammunition include, but are not limited	52
to, the possession, transporting, or carrying, openly or concealed	53
on a person's person or concealed ready at hand, of firearms,	54
their components, or their ammunition.	55

(2) "Firearm" has the same meaning as in section 2923.11 of	56
the Revised Code.	57

(D) This section does not apply to either of the following:

58

(1) A zoning ordinance that regulates or prohibits the	59
commercial sale of firearms, firearm components, or ammunition for	60
firearms in areas zoned for residential or agricultural uses;	61

(2) A zoning ordinance that specifies the hours of operation	62
or the geographic areas where the commercial sale of firearms,	63
firearm components, or ammunition for firearms may occur, provided	64
that the zoning ordinance is consistent with zoning ordinances for	65
other retail establishments in the same geographic area and does	66
not result in a de facto prohibition of the commercial sale of	67
firearms, firearm components, or ammunition for firearms in areas	68
zoned for commercial, retail, or industrial uses.	69

Sec. 109.69. (A) The attorney general shall determine if	70
another state automatically, without written agreement, recognizes	71
a concealed handgun license issued under section 2923.125 or	72
2923.1213 of the Revised Code. If the attorney general determines	73
that another state automatically, without written agreement,	74
recognizes a concealed carry license issued under either of those	75
sections, all of the following apply:	76

(1) The attorney general shall publish that determination in	77
the same manner that written agreements entered into under	78
division (B)(1) or (2) of this section are published.	79

(2) That determination shall have the same force and effect	80
as a written agreement entered into under division (B)(1) or (2)	81
of this section.	82

(3) The concealed handgun license issued by the other state	83
shall be accepted and is valid in this state in the same manner as	84
if a written agreement between this state and the other state	85
existed under division (B)(1) or (2) of this section.	86

(B)(1) The attorney general shall negotiate and enter into a	87
reciprocity agreement with any other license-issuing state under	88
which a concealed handgun license that is issued by the other	89
state is recognized in this state if the attorney general	90
determines that both of the following apply:	91

(a) The eligibility requirements imposed by that	92
license-issuing state for that license are substantially	93
comparable to the eligibility requirements for a concealed handgun	94
license issued under section 2923.125 of the Revised Code.	95

(b) Thatthe license-issuing state recognizes a concealed	96
handgun license issued under section 2923.125 of the Revised Code	97
and the license-issuing state requires a reciprocity agreement in	98
order to recognize a license issued under section 2923.125 of the	99
Revised Code.	100

(2) A reciprocity agreement entered into under division	101
(A)(B)(1) of this section also may provide for the recognition in	102
this state of a concealed handgun license issued on a temporary or	103
emergency basis by the other license-issuing state, if the	104
eligibility requirements imposed by that license-issuing state for	105
the temporary or emergency license are substantially comparable to	106
the eligibility requirements for a concealed handgun license	107
issued under section 2923.125 or 2923.1213 of the Revised Code and	108
if that license-issuing state recognizes a concealed handgun	109
license issued under section 2923.1213 of the Revised Code.	110

(3) The attorney general shall not negotiate any agreement	111
with any other license-issuing state under which a concealed	112
handgun license issued by the other state is recognized in this	113
state other than as provided in divisions (A)(1) and (2) of this	114
section.	115

(B)(C) As used in this section:

116

(1) "Handgun" and "concealed handgun license" have the same	117
meanings as in section 2923.11 of the Revised Code.	118

(2) "License-issuing state" means a state other than this	119
state that, pursuant to law, provides for the issuance of a	120
license to carry a concealed handgun.	121

Sec. 109.731.  (A)(1) The Ohio peace officer training	122
commissionattorney general shall prescribe, and shall make	123
available to sheriffs, all of the following:	124

(1) Anan application form that is to be used under section	125
2923.125 of the Revised Code by a person who applies for a	126
concealed handgun license and an application form that is to be	127
used under section 2923.125 of the Revised Code by a person who	128
applies for the renewal of a license of that nature, both of which	129
shall conform substantially to the forms prescribed in section	130
2923.1210 of the Revised Code;	131

(2) A. The attorney general shall design the form to enable	132
applicants to provide the information that is required by law to	133
be collected, and shall update the form as necessary. Burdens or	134
restrictions to obtaining a concealed handgun license that are not	135
expressly prescribed in law shall not be incorporated into the	136
form.	137

(2) The Ohio peace officer training commission shall	138
prescribe, and shall make available to sheriffs, a form for the	139
concealed handgun license that is to be issued by sheriffs to	140
persons who qualify for a concealed handgun license under section	141
2923.125 of the Revised Code and that conforms to the following	142
requirements:	143

(a) It has space for the licensee's full name, residence	144
address, and date of birth and for a color photograph of the	145
licensee.	146

(b) It has space for the date of issuance of the license, its	147
expiration date, its county of issuance, the name of the sheriff	148
who issues the license, and the unique combination of letters and	149
numbers that identify the county of issuance and the license given	150
to the licensee by the sheriff in accordance with division (A)(4)	151
of this section.	152

(c) It has space for the signature of the licensee and the	153
signature or a facsimile signature of the sheriff who issues the	154
license.	155

(d) It does not require the licensee to include serial	156
numbers of handguns, other identification related to handguns, or	157
similar data that is not pertinent or relevant to obtaining the	158
license and that could be used as a de facto means of registration	159
of handguns owned by the licensee.	160

(3) A series of three-letter county codes that identify each	161
county in this state;	162

(4) A procedure by which a sheriff shall give each concealed	163
handgun license, replacement concealed handgun license, or renewal	164
concealed handgun license and each concealed handgun license on a	165
temporary emergency basis or replacement license on a temporary	166
emergency basis the sheriff issues under section 2923.125 or	167
2923.1213 of the Revised Code a unique combination of letters and	168
numbers that identifies the county in which the license was issued	169
and that uses the county code and a unique number for each license	170
the sheriff of that county issues;	171

(5) A form for a concealed handgun license on a temporary	172
emergency basis that is to be issued by sheriffs to persons who	173
qualify for such a license under section 2923.1213 of the Revised	174
Code, which form shall conform to all the requirements set forth	175
in divisions (A)(2)(a) to (d) of this section and shall	176
additionally conspicuously specify that the license is issued on a	177
temporary emergency basis and the date of its issuance.	178

(B)(1) The Ohio peace officer training commission, in	179
consultation with the attorney general, shall prepare a pamphlet	180
that does all of the following, in everyday language:	181

(a) Explains the firearms laws of this state;

182

(b) Instructs the reader in dispute resolution and explains	183
the laws of this state related to that matter;	184

(c) Provides information to the reader regarding all aspects	185
of the use of deadly force with a firearm, including, but not	186
limited to, the steps that should be taken before contemplating	187
the use of, or using, deadly force with a firearm, possible	188
alternatives to using deadly force with a firearm, and the law	189
governing the use of deadly force with a firearm.	190

(2) The attorney general shall consult with and assist the	191
commission in the preparation of the pamphlet described in	192
division (B)(1) of this section and, as necessary, shall recommend	193
to the commission changes in the pamphlet to reflect changes in	194
the law that are relevant to it. The attorney general shall	195
publish the pamphlet on the web site of the attorney general and	196
shall provide the address of the web site to any person who	197
requests the pamphlet.	198

(C) The Ohio peace officer training commission shall maintain	199
statistics with respect to the issuance, renewal, suspension,	200
revocation, and denial of concealed handgun licenses under section	201
2923.125 of the Revised Code and the suspension of processing of	202
applications for those licenses, and with respect to the issuance,	203
suspension, revocation, and denial of concealed handgun licenses	204
on a temporary emergency basis under section 2923.1213 of the	205
Revised Code, as reported by the sheriffs pursuant to division (C)	206
of section 2923.129 of the Revised Code. Not later than the first	207
day of March in each year, the commission shall submit a	208
statistical report to the governor, the president of the senate,	209
and the speaker of the house of representatives indicating the	210
number of concealed handgun licenses that were issued, renewed,	211
suspended, revoked, and denied under section 2923.125 of the	212
Revised Code in the previous calendar year, the number of	213
applications for those licenses for which processing was suspended	214
in accordance with division (D)(3) of that section in the previous	215
calendar year, and the number of concealed handgun licenses on a	216
temporary emergency basis that were issued, suspended, revoked, or	217
denied under section 2923.1213 of the Revised Code in the previous	218
calendar year. Nothing in the statistics or the statistical report	219
shall identify, or enable the identification of, any individual	220
who was issued or denied a license, for whom a license was	221
renewed, whose license was suspended or revoked, or for whom	222
application processing was suspended. The statistics and the	223
statistical report are public records for the purpose of section	224
149.43 of the Revised Code.	225

(D) As used in this section, "concealed handgun license" and	226
"handgun" have the same meanings as in section 2923.11 of the	227
Revised Code.	228

Sec. 109.85.  (A) Upon the written request of the governor,	229
the general assembly, the auditor of state, the medicaid director,	230
the director of health, or the director of budget and management,	231
or upon the attorney general's becoming aware of criminal or	232
improper activity related to Chapter 3721. of the Revised Code and	233
the medicaid program, the attorney general shall investigate any	234
criminal or civil violation of law related to Chapter 3721. of the	235
Revised Code or the medicaid program.	236

(B) When it appears to the attorney general, as a result of	237
an investigation under division (A) of this section, that there is	238
cause to prosecute for the commission of a crime or to pursue a	239
civil remedy, the attorney general may refer the evidence to the	240
prosecuting attorney having jurisdiction of the matter, or to a	241
regular grand jury drawn and impaneled pursuant to sections	242
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	243
drawn and impaneled pursuant to section 2939.17 of the Revised	244
Code, or the attorney general may initiate and prosecute any	245
necessary criminal or civil actions in any court or tribunal of	246
competent jurisdiction in this state. When proceeding under this	247
section, the attorney general, and any assistant or special	248
counsel designated by the attorney general for that purpose, have	249
all rights, privileges, and powers of prosecuting attorneys. The	250
attorney general shall have exclusive supervision and control of	251
all investigations and prosecutions initiated by the attorney	252
general under this section. The forfeiture provisions of Chapter	253
2981. of the Revised Code apply in relation to any such criminal	254
action initiated and prosecuted by the attorney general.	255

(C) Nothing in this section shall prevent a county	256
prosecuting attorney from investigating and prosecuting criminal	257
activity related to Chapter 3721. of the Revised Code and the	258
medicaid program. The forfeiture provisions of Chapter 2981. of	259
the Revised Code apply in relation to any prosecution of criminal	260
activity related to the medicaid program undertaken by the	261
prosecuting attorney.	262

Investigators conducting an investigation pursuant to this	263
section may be authorized to go armed while conducting an	264
investigation under this section and if so authorized are exempt	265
from section 2923.12 of the Revised Code in the same manner as	266
sheriffs and regularly appointed police officers.	267

Sec. 109.86.  (A) The attorney general shall investigate any	268
activity the attorney general has reasonable cause to believe is	269
in violation of section 2903.34 of the Revised Code. Upon written	270
request of the governor, the general assembly, the auditor of	271
state, or the director of health, job and family services, aging,	272
mental health and addiction services, or developmental	273
disabilities, the attorney general shall investigate any activity	274
these persons believe is in violation of section 2903.34 of the	275
Revised Code. If after an investigation the attorney general has	276
probable cause to prosecute for the commission of a crime, the	277
attorney general shall refer the evidence to the prosecuting	278
attorney, director of law, or other similar chief legal officer	279
having jurisdiction over the matter. If the prosecuting attorney	280
decides to present the evidence to a grand jury, the prosecuting	281
attorney shall notify the attorney general in writing of the	282
decision within thirty days after referral of the matter and shall	283
present the evidence prior to the discharge of the next regular	284
grand jury. If the director of law or other chief legal officer	285
decides to prosecute the case, the director or officer shall	286
notify the attorney general in writing of the decision within	287
thirty days and shall initiate prosecution within sixty days after	288
the matter was referred to the director or officer.	289

(B) If the prosecuting attorney, director of law, or other	290
chief legal officer fails to notify the attorney general or to	291
present evidence or initiate prosecution in accordance with	292
division (A) of this section, the attorney general may present the	293
evidence to a regular grand jury drawn and impaneled pursuant to	294
sections 2939.01 to 2939.24 of the Revised Code, or to a special	295
grand jury drawn and impaneled pursuant to section 2939.17 of the	296
Revised Code, or the attorney general may initiate and prosecute	297
any action in any court or tribunal of competent jurisdiction in	298
this state. The attorney general, and any assistant or special	299
counsel designated by the attorney general, have all the powers of	300
a prosecuting attorney, director of law, or other chief legal	301
officer when proceeding under this section. Nothing in this	302
section shall limit or prevent a prosecuting attorney, director of	303
law, or other chief legal officer from investigating and	304
prosecuting criminal activity committed against a resident or	305
patient of a care facility.	306

Investigators conducting an investigation pursuant to this	307
section may be authorized to go armed while conducting an	308
investigation under this section and if so authorized are exempt	309
from section 2923.12 of the Revised Code in the same manner as	310
sheriffs and regularly appointed police officers.	311

Sec. 311.41. (A)(1) Upon receipt of an application for a	312
concealed handgun license under division (C) of section 2923.125	313
of the Revised Code, an application to renew a concealed handgun	314
license under division (F) of that section, or an application for	315
a concealed handgun license on a temporary emergency basis under	316
section 2923.1213 of the Revised Code, the sheriff shall conduct a	317
criminal records check and an incompetency check of the applicant	318
to determine whether the applicant fails to meet the criteria	319
described in division (D)(1) of section 2923.125 of the Revised	320
Code. As part of any such criminal records check, the sheriff	321
shall contact the national instant criminal background check	322
system to verify that the applicant is eligible lawfully to	323
receive or possess a firearm in the United States. The sheriff	324
shall conduct the criminal records check and the incompetency	325
records check required by this division through use of an	326
electronic fingerprint reading device or, if the sheriff does not	327
possess and does not have ready access to the use of an electronic	328
fingerprint reading device, by requesting the bureau of criminal	329
identification and investigation to conduct the checks as	330
described in this division.	331

In order to conduct the criminal records check and the	332
incompetency records check, the sheriff shall obtain the	333
fingerprints of at least four fingers of the applicant by using an	334
electronic fingerprint reading device for the purpose of	335
conducting the criminal records check and the incompetency records	336
check or, if the sheriff does not possess and does not have ready	337
access to the use of an electronic fingerprint reading device,	338
shall obtain from the applicant a completed standard fingerprint	339
impression sheet prescribed pursuant to division (C)(2) of section	340
109.572 of the Revised Code. The fingerprints so obtained, along	341
with the applicant's social security number, shall be used to	342
conduct the criminal records check and the incompetency records	343
check. If the sheriff does not use an electronic fingerprint	344
reading device to obtain the fingerprints and conduct the records	345
checks, the sheriff shall submit the completed standard	346
fingerprint impression sheet of the applicant, along with the	347
applicant's social security number, to the superintendent of the	348
bureau of criminal identification and investigation and shall	349
request the bureau to conduct the criminal records check and the	350
incompetency records check of the applicant and, if necessary,	351
shall request the superintendent of the bureau to obtain	352
information from the federal bureau of investigation as part of	353
the criminal records check for the applicant. If it is not	354
possible to use an electronic fingerprint reading device to	355
conduct an incompetency records check, the sheriff shall submit	356
the completed standard fingerprint impression sheet of the	357
applicant, along with the applicant's social security number, to	358
the superintendent of the bureau of criminal identification and	359
investigation and shall request the bureau to conduct the	360
incompetency records check. The sheriff shall not retain the	361
applicant's fingerprints as part of the application.	362

(2) Except as otherwise provided in this division, if at any	363
time the applicant decides not to continue with the application	364
process, the sheriff immediately shall cease any investigation	365
that is being conducted under division (A)(1) of this section. The	366
sheriff shall not cease that investigation if, at the time of the	367
applicant's decision not to continue with the application process,	368
the sheriff had determined from any of the sheriff's	369
investigations that the applicant then was engaged in activity of	370
a criminal nature.	371

(B) If a criminal records check and an incompetency records	372
check conducted under division (A) of this section do not indicate	373
that the applicant fails to meet the criteria described in	374
division (D)(1) of section 2923.125 of the Revised Code, except as	375
otherwise provided in this division, the sheriff shall destroy or	376
cause a designated employee to destroy all records other than the	377
application for a concealed handgun license, the application to	378
renew a concealed handgun license, or the affidavit submitted	379
regarding an application for a concealed handgun license on a	380
temporary emergency basis that were made in connection with the	381
criminal records check and incompetency records check within	382
twenty days after conducting the criminal records check and	383
incompetency records check. If an applicant appeals a denial of an	384
application as described in division (D)(2) of section 2923.125 of	385
the Revised Code or challenges the results of a criminal records	386
check pursuant to section 2923.127 of the Revised Code, records of	387
fingerprints of the applicant shall not be destroyed during the	388
pendency of the appeal or the challenge and review. When an	389
applicant appeals a denial as described in that division, the	390
twenty-day period described in this division commences regarding	391
the fingerprints upon the determination of the appeal. When	392
required as a result of a challenge and review performed pursuant	393
to section 2923.127 of the Revised Code, the source the sheriff	394
used in conducting the criminal records check shall destroy or the	395
chief operating officer of the source shall cause an employee of	396
the source designated by the chief to destroy all records other	397
than the application for a concealed handgun license, the	398
application to renew a concealed handgun license, or the affidavit	399
submitted regarding an application for a concealed handgun license	400
on a temporary emergency basis that were made in connection with	401
the criminal records check within twenty days after completion of	402
that challenge and review.	403

(C) If division (B) of this section applies to a particular	404
criminal records check or incompetency records check, no sheriff,	405
employee of a sheriff designated by the sheriff to destroy records	406
under that division, source the sheriff used in conducting the	407
criminal records check or incompetency records check, or employee	408
of the source designated by the chief operating officer of the	409
source to destroy records under that division shall fail to	410
destroy or cause to be destroyed within the applicable twenty-day	411
period specified in that division all records other than the	412
application for a concealed handgun license, the application to	413
renew a concealed handgun license, or the affidavit submitted	414
regarding an application for a concealed handgun license on a	415
temporary emergency basis made in connection with the particular	416
criminal records check or incompetency records check.	417

(D) Whoever violates division (C) of this section is guilty	418
of failure to destroy records, a misdemeanor of the second degree.	419

(E) As used in this section, "concealed:

420

(1) "Concealed handgun license" and "handgun" have the same	421
meanings as in section 2923.11 of the Revised Code.	422

(2) "National instant criminal background check system" means	423
the system established by the United States attorney general	424
pursuant to section 103 of the "Brady Handgun Violence Prevention	425
Act," Pub. L. No. 103-159.	426

Sec. 311.42.  (A) Each county shall establish in the county	427
treasury a sheriff's concealed handgun license issuance expense	428
fund. The sheriff of that county shall deposit into that fund all	429
fees paid by applicants for the issuance or renewal of a concealed	430
handgun license or duplicate concealed handgun license under	431
section 2923.125 of the Revised Code and all fees paid by the	432
person seeking a concealed handgun license on a temporary	433
emergency basis under section 2923.1213 of the Revised Code. The	434
county shall distribute all fees deposited into the fund except	435
forty dollars of each fee paid by an applicant under division (B)	436
of section 2923.125 of the Revised Code, fifteen dollars of each	437
fee paid under section 2923.1213 of the Revised Code, and	438
thirty-five dollars of each fee paid under division (F) of section	439
2923.125 of the Revised Code to the attorney general to be used to	440
pay the cost of background checks performed by the bureau of	441
criminal identification and investigation and the federal bureau	442
of investigation and to cover administrative costs associated with	443
issuing the license.	444

(B) The sheriff, with the approval of the board of county	445
commissioners, may expend any county portion of the fees deposited	446
into the sheriff's concealed handgun license issuance expense fund	447
for any costs incurred by the sheriff in connection with	448
performing;	449

(1) Performing any administrative functions related to the	450
issuance of concealed handgun licenses under section 2923.125 or	451
2923.1213 of the Revised Code, including, but not limited to,	452
personnel expenses and the costs of any handgun safety education	453
program that the sheriff chooses to fund. Additionally, the	454
sheriff, with the approval of the board of county commissioners,	455
may expend any county portion of the fees deposited into the	456
sheriff's concealed handgun license issuance expense fund for	457
costs of ammunition used in a course, class, or program	458
administered by the sheriff for a concealed handgun license; or	459

(2) Firearm training, education, or qualification programs.

460

A sheriff shall not expend fees for the purposes described in	461
division (B)(2) of this section if, within that sheriff's county,	462
both of the following conditions exist:	463

(a) A person must make an appointment with the sheriff's	464
office to submit an application for a concealed handgun license	465
under section 2923.125 of the Revised Code; and	466

(b) The sheriff's office does not typically have appointments	467
available within thirty days of the day the person requests an	468
appointment.	469

Sec. 2901.09. (A) As used in this section, "residence" and	470
"vehicle" have the same meanings as in section 2901.05 of the	471
Revised Code.	472

(B) For purposes of any section of the Revised Code that sets	473
forth a criminal offense, a person who lawfully is in that	474
person's residence has no duty to retreat before using force in	475
self-defense, defense of another, or defense of that person's	476
residence, and a person who lawfully is an occupant of that	477
person's vehicle or who lawfully is an occupant in a vehicle owned	478
by an immediate family member of the person has no duty to retreat	479
before using force in self-defense or defense of anotherif that	480
person is in a place that the person lawfully has a right to be.	481

Sec. 2917.11.  (A) No person shall recklessly cause	482
inconvenience, annoyance, or alarm to another by doing any of the	483
following:	484

(1) Engaging in fighting, in threatening harm to persons or	485
property, or in violent or turbulent behavior;	486

(2) Making unreasonable noise or an offensively coarse	487
utterance, gesture, or display or communicating unwarranted and	488
grossly abusive language to any person;	489

(3) Insulting, taunting, or challenging another, under	490
circumstances in which that conduct is likely to provoke a violent	491
response;	492

(4) Hindering or preventing the movement of persons on a	493
public street, road, highway, or right-of-way, or to, from,	494
within, or upon public or private property, so as to interfere	495
with the rights of others, and by any act that serves no lawful	496
and reasonable purpose of the offender;	497

(5) Creating a condition that is physically offensive to	498
persons or that presents a risk of physical harm to persons or	499
property, by any act that serves no lawful and reasonable purpose	500
of the offender.	501

(B) No person, while voluntarily intoxicated, shall do either	502
of the following:	503

(1) In a public place or in the presence of two or more	504
persons, engage in conduct likely to be offensive or to cause	505
inconvenience, annoyance, or alarm to persons of ordinary	506
sensibilities, which conduct the offender, if the offender were	507
not intoxicated, should know is likely to have that effect on	508
others;	509

(2) Engage in conduct or create a condition that presents a	510
risk of physical harm to the offender or another, or to the	511
property of another.	512

(C) Violation of any statute or ordinance of which an element	513
is operating a motor vehicle, locomotive, watercraft, aircraft, or	514
other vehicle while under the influence of alcohol or any drug of	515
abuse, is not a violation of division (B) of this section.	516

(D) If a person appears to an ordinary observer to be	517
intoxicated, it is probable cause to believe that person is	518
voluntarily intoxicated for purposes of division (B) of this	519
section.	520

(E) The exercise of a constitutional or statutory right is	521
not, in itself, a violation of this section and does not	522
constitute reasonable, articulable suspicion of criminal activity.	523

(F)(1) Whoever violates this section is guilty of disorderly	524
conduct.	525

(2) Except as otherwise provided in division (E)(F)(3) of	526
this section, disorderly conduct is a minor misdemeanor.	527

(3) Disorderly conduct is a misdemeanor of the fourth degree	528
if any of the following applies:	529

(a) The offender persists in disorderly conduct after	530
reasonable warning or request to desist.	531

(b) The offense is committed in the vicinity of a school or	532
in a school safety zone.	533

(c) The offense is committed in the presence of any law	534
enforcement officer, firefighter, rescuer, medical person,	535
emergency medical services person, or other authorized person who	536
is engaged in the person's duties at the scene of a fire,	537
accident, disaster, riot, or emergency of any kind.	538

(d) The offense is committed in the presence of any emergency	539
facility person who is engaged in the person's duties in an	540
emergency facility.	541

(F)(G) As used in this section:

542

(1) "Emergency medical services person" is the singular of	543
"emergency medical services personnel" as defined in section	544
2133.21 of the Revised Code.	545

(2) "Emergency facility person" is the singular of "emergency	546
facility personnel" as defined in section 2909.04 of the Revised	547
Code.	548

(3) "Emergency facility" has the same meaning as in section	549
2909.04 of the Revised Code.	550

(4) "Committed in the vicinity of a school" has the same	551
meaning as in section 2925.01 of the Revised Code.	552

Sec. 2917.31.  (A) No person shall cause the evacuation of	553
any public place, or otherwise cause serious public inconvenience	554
or alarm, by doing any of the following:	555

(1) Initiating or circulating a report or warning of an	556
alleged or impending fire, explosion, crime, or other catastrophe,	557
knowing that such report or warning is false;	558

(2) Threatening to commit any offense of violence;

559

(3) Committing any offense, with reckless disregard of the	560
likelihood that its commission will cause serious public	561
inconvenience or alarm.	562

(B)(1) Division (A)(1) of this section does not apply to any	563
person conducting an authorized fire or emergency drill.	564

(2) The exercise of a constitutional or statutory right is	565
not, in itself, a violation of this section and does not	566
constitute reasonable, articulable suspicion of criminal activity.	567

(C)(1) Whoever violates this section is guilty of inducing	568
panic.	569

(2) Except as otherwise provided in division (C)(3), (4),	570
(5), (6), (7), or (8) of this section, inducing panic is a	571
misdemeanor of the first degree.	572

(3) Except as otherwise provided in division (C)(4), (5),	573
(6), (7), or (8) of this section, if a violation of this section	574
results in physical harm to any person, inducing panic is a felony	575
of the fourth degree.	576

(4) Except as otherwise provided in division (C)(5), (6),	577
(7), or (8) of this section, if a violation of this section	578
results in economic harm, the penalty shall be determined as	579
follows:	580

(a) If the violation results in economic harm of one thousand	581
dollars or more but less than seven thousand five hundred dollars	582
and if division (C)(3) of this section does not apply, inducing	583
panic is a felony of the fifth degree.	584

(b) If the violation results in economic harm of seven	585
thousand five hundred dollars or more but less than one hundred	586
fifty thousand dollars, inducing panic is a felony of the fourth	587
degree.	588

(c) If the violation results in economic harm of one hundred	589
fifty thousand dollars or more, inducing panic is a felony of the	590
third degree.	591

(5) If the public place involved in a violation of division	592
(A)(1) of this section is a school or an institution of higher	593
education, inducing panic is a felony of the second degree.	594

(6) If the violation pertains to a purported, threatened, or	595
actual use of a weapon of mass destruction, and except as	596
otherwise provided in division (C)(5), (7), or (8) of this	597
section, inducing panic is a felony of the fourth degree.	598

(7) If the violation pertains to a purported, threatened, or	599
actual use of a weapon of mass destruction, and except as	600
otherwise provided in division (C)(5) of this section, if a	601
violation of this section results in physical harm to any person,	602
inducing panic is a felony of the third degree.	603

(8) If the violation pertains to a purported, threatened, or	604
actual use of a weapon of mass destruction, and except as	605
otherwise provided in division (C)(5) of this section, if a	606
violation of this section results in economic harm of one hundred	607
thousand dollars or more, inducing panic is a felony of the third	608
degree.	609

(D)(1) It is not a defense to a charge under this section	610
that pertains to a purported or threatened use of a weapon of mass	611
destruction that the offender did not possess or have the ability	612
to use a weapon of mass destruction or that what was represented	613
to be a weapon of mass destruction was not a weapon of mass	614
destruction.	615

(2) Any act that is a violation of this section and any other	616
section of the Revised Code may be prosecuted under this section,	617
the other section, or both sections.	618

(E) As used in this section:

619

(1) "Economic harm" means any of the following:

620

(a) All direct, incidental, and consequential pecuniary harm	621
suffered by a victim as a result of criminal conduct. "Economic	622
harm" as described in this division includes, but is not limited	623
to, all of the following:	624

(i) All wages, salaries, or other compensation lost as a	625
result of the criminal conduct;	626

(ii) The cost of all wages, salaries, or other compensation	627
paid to employees for time those employees are prevented from	628
working as a result of the criminal conduct;	629

(iii) The overhead costs incurred for the time that a	630
business is shut down as a result of the criminal conduct;	631

(iv) The loss of value to tangible or intangible property	632
that was damaged as a result of the criminal conduct.	633

(b) All costs incurred by the state or any political	634
subdivision as a result of, or in making any response to, the	635
criminal conduct that constituted the violation of this section or	636
section 2917.32 of the Revised Code, including, but not limited	637
to, all costs so incurred by any law enforcement officers,	638
firefighters, rescue personnel, or emergency medical services	639
personnel of the state or the political subdivision.	640

(2) "School" means any school operated by a board of	641
education or any school for which the state board of education	642
prescribes minimum standards under section 3301.07 of the Revised	643
Code, whether or not any instruction, extracurricular activities,	644
or training provided by the school is being conducted at the time	645
a violation of this section is committed.	646

(3) "Weapon of mass destruction" means any of the following:

647

(a) Any weapon that is designed or intended to cause death or	648
serious physical harm through the release, dissemination, or	649
impact of toxic or poisonous chemicals, or their precursors;	650

(b) Any weapon involving a disease organism or biological	651
agent;	652

(c) Any weapon that is designed to release radiation or	653
radioactivity at a level dangerous to human life;	654

(d) Any of the following, except to the extent that the item	655
or device in question is expressly excepted from the definition of	656
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	657
regulations issued under that section:	658

(i) Any explosive, incendiary, or poison gas bomb, grenade,	659
rocket having a propellant charge of more than four ounces,	660
missile having an explosive or incendiary charge of more than	661
one-quarter ounce, mine, or similar device;	662

(ii) Any combination of parts either designed or intended for	663
use in converting any item or device into any item or device	664
described in division (E)(3)(d)(i) of this section and from which	665
an item or device described in that division may be readily	666
assembled.	667

(4) "Biological agent" has the same meaning as in section	668
2917.33 of the Revised Code.	669

(5) "Emergency medical services personnel" has the same	670
meaning as in section 2133.21 of the Revised Code.	671

(6) "Institution of higher education" means any of the	672
following:	673

(a) A state university or college as defined in division	674
(A)(1) of section 3345.12 of the Revised Code, community college,	675
state community college, university branch, or technical college;	676

(b) A private, nonprofit college, university or other	677
post-secondary institution located in this state that possesses a	678
certificate of authorization issued by the Ohio board of regents	679
pursuant to Chapter 1713. of the Revised Code;	680

(c) A post-secondary institution with a certificate of	681
registration issued by the state board of career colleges and	682
schools under Chapter 3332. of the Revised Code.	683

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	684
Revised Code:	685

(A) "Deadly weapon" means any instrument, device, or thing	686
capable of inflicting death, and designed or specially adapted for	687
use as a weapon, or possessed, carried, or used as a weapon.	688

(B)(1) "Firearm" means any deadly weapon capable of expelling	689
or propelling one or more projectiles by the action of an	690
explosive or combustible propellant. "Firearm" includes an	691
unloaded firearm, and any firearm that is inoperable but that can	692
readily be rendered operable.	693

(2) When determining whether a firearm is capable of	694
expelling or propelling one or more projectiles by the action of	695
an explosive or combustible propellant, the trier of fact may rely	696
upon circumstantial evidence, including, but not limited to, the	697
representations and actions of the individual exercising control	698
over the firearm.	699

(C) "Handgun" means any of the following:

700

(1) Any firearm that has a short stock and is designed to be	701
held and fired by the use of a single hand;	702

(2) Any combination of parts from which a firearm of a type	703
described in division (C)(1) of this section can be assembled.	704

(D) "Semi-automatic firearm" means any firearm designed or	705
specially adapted to fire a single cartridge and automatically	706
chamber a succeeding cartridge ready to fire, with a single	707
function of the trigger.	708

(E) "Automatic firearm" means any firearm designed or	709
specially adapted to fire a succession of cartridges with a single	710
function of the trigger. "Automatic firearm" also means any	711
semi-automatic firearm designed or specially adapted to fire more	712
than thirty-one cartridges without reloading, other than a firearm	713
chambering only .22 caliber short, long, or long-rifle cartridges.	714

(F) "Sawed-off firearm" means a shotgun with a barrel less	715
than eighteen inches long, or a rifle with a barrel less than	716
sixteen inches long, or a shotgun or rifle less than twenty-six	717
inches long overall.	718

(G) "Zip-gun" means any of the following:

719

(1) Any firearm of crude and extemporized manufacture;

720

(2) Any device, including without limitation a starter's	721
pistol, that is not designed as a firearm, but that is specially	722
adapted for use as a firearm;	723

(3) Any industrial tool, signalling device, or safety device,	724
that is not designed as a firearm, but that as designed is capable	725
of use as such, when possessed, carried, or used as a firearm.	726

(H) "Explosive device" means any device designed or specially	727
adapted to cause physical harm to persons or property by means of	728
an explosion, and consisting of an explosive substance or agency	729
and a means to detonate it. "Explosive device" includes without	730
limitation any bomb, any explosive demolition device, any blasting	731
cap or detonator containing an explosive charge, and any pressure	732
vessel that has been knowingly tampered with or arranged so as to	733
explode.	734

(I) "Incendiary device" means any firebomb, and any device	735
designed or specially adapted to cause physical harm to persons or	736
property by means of fire, and consisting of an incendiary	737
substance or agency and a means to ignite it.	738

(J) "Ballistic knife" means a knife with a detachable blade	739
that is propelled by a spring-operated mechanism.	740

(K) "Dangerous ordnance" means any of the following, except	741
as provided in division (L) of this section:	742

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	743
knife;	744

(2) Any explosive device or incendiary device;

745

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	746
cyclonite, TNT, picric acid, and other high explosives; amatol,	747
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	748
explosive compositions; plastic explosives; dynamite, blasting	749
gelatin, gelatin dynamite, sensitized ammonium nitrate,	750
liquid-oxygen blasting explosives, blasting powder, and other	751
blasting agents; and any other explosive substance having	752
sufficient brisance or power to be particularly suitable for use	753
as a military explosive, or for use in mining, quarrying,	754
excavating, or demolitions;	755

(4) Any firearm, rocket launcher, mortar, artillery piece,	756
grenade, mine, bomb, torpedo, or similar weapon, designed and	757
manufactured for military purposes, and the ammunition for that	758
weapon;	759

(5) Any firearm muffler or silencer;

760

(6) Any combination of parts that is intended by the owner	761
for use in converting any firearm or other device into a dangerous	762
ordnance.	763

(L) "Dangerous ordnance" does not include any of the	764
following:	765

(1) Any firearm, including a military weapon and the	766
ammunition for that weapon, and regardless of its actual age, that	767
employs a percussion cap or other obsolete ignition system, or	768
that is designed and safe for use only with black powder;	769

(2) Any pistol, rifle, or shotgun, designed or suitable for	770
sporting purposes, including a military weapon as issued or as	771
modified, and the ammunition for that weapon, unless the firearm	772
is an automatic or sawed-off firearm;	773

(3) Any cannon or other artillery piece that, regardless of	774
its actual age, is of a type in accepted use prior to 1887, has no	775
mechanical, hydraulic, pneumatic, or other system for absorbing	776
recoil and returning the tube into battery without displacing the	777
carriage, and is designed and safe for use only with black powder;	778

(4) Black powder, priming quills, and percussion caps	779
possessed and lawfully used to fire a cannon of a type defined in	780
division (L)(3) of this section during displays, celebrations,	781
organized matches or shoots, and target practice, and smokeless	782
and black powder, primers, and percussion caps possessed and	783
lawfully used as a propellant or ignition device in small-arms or	784
small-arms ammunition;	785

(5) Dangerous ordnance that is inoperable or inert and cannot	786
readily be rendered operable or activated, and that is kept as a	787
trophy, souvenir, curio, or museum piece.	788

(6) Any device that is expressly excepted from the definition	789
of a destructive device pursuant to the "Gun Control Act of 1968,"	790
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	791
issued under that act.	792

(M) "Explosive" means any chemical compound, mixture, or	793
device, the primary or common purpose of which is to function by	794
explosion. "Explosive" includes all materials that have been	795
classified as division 1.1, division 1.2, division 1.3, or	796
division 1.4 explosives by the United States department of	797
transportation in its regulations and includes, but is not limited	798
to, dynamite, black powder, pellet powders, initiating explosives,	799
blasting caps, electric blasting caps, safety fuses, fuse	800
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and	801
igniter cords and igniters. "Explosive" does not include	802
"fireworks," as defined in section 3743.01 of the Revised Code, or	803
any substance or material otherwise meeting the definition of	804
explosive set forth in this section that is manufactured, sold,	805
possessed, transported, stored, or used in any activity described	806
in section 3743.80 of the Revised Code, provided the activity is	807
conducted in accordance with all applicable laws, rules, and	808
regulations, including, but not limited to, the provisions of	809
section 3743.80 of the Revised Code and the rules of the fire	810
marshal adopted pursuant to section 3737.82 of the Revised Code.	811

(N)(1) "Concealed handgun license" or "license to carry a	812
concealed handgun" means, subject to division (N)(2) of this	813
section, a license or temporary emergency license to carry a	814
concealed handgun issued under section 2923.125 or 2923.1213 of	815
the Revised Code or a license to carry a concealed handgun issued	816
by another state with which the attorney general has entered into	817
a reciprocity agreement under section 109.69 of the Revised Code.	818

(2) A reference in any provision of the Revised Code to a	819
concealed handgun license issued under section 2923.125 of the	820
Revised Code or a license to carry a concealed handgun issued	821
under section 2923.125 of the Revised Code means only a license of	822
the type that is specified in that section. A reference in any	823
provision of the Revised Code to a concealed handgun license	824
issued under section 2923.1213 of the Revised Code, a license to	825
carry a concealed handgun issued under section 2923.1213 of the	826
Revised Code, or a license to carry a concealed handgun on a	827
temporary emergency basis means only a license of the type that is	828
specified in section 2923.1213 of the Revised Code. A reference in	829
any provision of the Revised Code to a concealed handgun license	830
issued by another state or a license to carry a concealed handgun	831
issued by another state means only a license issued by another	832
state with which the attorney general has entered into a	833
reciprocity agreement under section 109.69 of the Revised Code.	834

(O) "Valid concealed handgun license" or "valid license to	835
carry a concealed handgun" means a concealed handgun license that	836
is currently valid, that is not under a suspension under division	837
(A)(1) of section 2923.128 of the Revised Code, under section	838
2923.1213 of the Revised Code, or under a suspension provision of	839
the state other than this state in which the license was issued,	840
and that has not been revoked under division (B)(1) of section	841
2923.128 of the Revised Code, under section 2923.1213 of the	842
Revised Code, or under a revocation provision of the state other	843
than this state in which the license was issued.	844

(P) "Crime punishable by imprisonment for a term exceeding	845
one year" does not include any of the following:	846

(1) Any federal or state offense pertaining to antitrust	847
violations, unfair trade practices, restraints of trade, or other	848
similar offenses relating to the regulation of business practices;	849

(2) Any misdemeanor offense punishable by a term of	850
imprisonment of two years or less.	851

(Q) "Intimate partner" means, with respect to a person, the	852
spouse of the person, a former spouse of the person, an individual	853
who is a parent of a child of the person, and an individual who	854
cohabitates or has cohabited with the person.	855

(R) "Alien registration number" means the number issued by	856
the United States citizenship and immigration services agency that	857
is located on the alien's permanent resident card and may also be	858
commonly referred to as the "USCIS number" or the "alien number."	859

Sec. 2923.125. (A)It is the intent of the general assembly	860
that Ohio concealed handgun license law be compliant with the	861
national instant criminal background check system, that the bureau	862
of alcohol, tobacco, firearms and explosives is able to determine	863
that Ohio law is compliant with the national instant criminal	864
background check system, and that no person shall be eligible to	865
receive a concealed handgun license permit under section 2923.125	866
or 2923.1213 of the Revised Code unless the person is eligible	867
lawfully to receive or possess a firearm in the United States.	868

(A) This section applies with respect to the application for	869
and issuance by this state of concealed handgun licenses other	870
than concealed handgun licenses on a temporary emergency basis	871
that are issued under section 2923.1213 of the Revised Code. Upon	872
the request of a person who wishes to obtain a concealed handgun	873
license with respect to which this section applies or to renew a	874
concealed handgun license with respect to which this section	875
applies, a sheriff, as provided in division (I) of this section,	876
shall provide to the person free of charge an application form and	877
the web site address at which a printable version of the	878
application form that can be downloaded and the pamphlet described	879
in division (B) of section 109.731 of the Revised Code may be	880
found. A sheriff shall accept a completed application form and the	881
fee, items, materials, and information specified in divisions	882
(B)(1) to (5) of this section at the times and in the manners	883
described in division (I) of this section.	884

(B) An applicant for a concealed handgun license with respect	885
to which this section applieswho is a resident of this state	886
shall submit a completed application form and all of the following	887
to the sheriff of the county in which the applicant resides or to	888
the sheriff of any county adjacent to the county in which the	889
applicant resides. An applicant for a license who resides in	890
another state shall submit a completed application form and all of	891
the following, to the sheriff of the county in which the applicant	892
is employed or to the sheriff of any county adjacent to the county	893
in which the applicant is employed:	894

(1)(a) A nonrefundable license fee as described in either of	895
the following:	896

(i) For an applicant who has been a resident of this state	897
for five or more years, a fee of sixty-seven dollars;	898

(ii) For an applicant who has been a resident of this state	899
for less than five years or who is not a resident of this state, a	900
fee of sixty-seven dollars plus the actual cost of having a	901
background check performed by the federal bureau of investigation.	902

(b) No sheriff shall require an applicant to pay for the cost	903
of a background check performed by the bureau of criminal	904
identification and investigation.	905

(c) A sheriff shall waive the payment of the license fee	906
described in division (B)(1)(a) of this section in connection with	907
an initial or renewal application for a license that is submitted	908
by an applicant who is a retired peace officer, a retired person	909
described in division (B)(1)(b) of section 109.77 of the Revised	910
Code, or a retired federal law enforcement officer who, prior to	911
retirement, was authorized under federal law to carry a firearm in	912
the course of duty, unless the retired peace officer, person, or	913
federal law enforcement officer retired as the result of a mental	914
disability.	915

(d) The sheriff shall deposit all fees paid by an applicant	916
under division (B)(1)(a) of this section into the sheriff's	917
concealed handgun license issuance fund established pursuant to	918
section 311.42 of the Revised Code. The county shall distribute	919
the fees in accordance with section 311.42 of the Revised Code.	920

(2) A color photograph of the applicant that was taken within	921
thirty days prior to the date of the application;	922

(3) One or more of the following competency certifications,	923
each of which shall reflect that, regarding a certification	924
described in division (B)(3)(a), (b), (c), (e), or (f) of this	925
section, within the three years immediately preceding the	926
application the applicant has performed that to which the	927
competency certification relates and that, regarding a	928
certification described in division (B)(3)(d) of this section, the	929
applicant currently is an active or reserve member of the armed	930
forces of the United States or within the six years immediately	931
preceding the application theis a former member of the armed	932
forces of the United States and has retired from the armed forces	933
or has received an honorable discharge or retirement to which the	934
competency certification relates occurred:	935

(a) An original or photocopy of a certificate of completion	936
of a firearms safety, training, or requalification or firearms	937
safety instructor course, class, or program that was offered by or	938
under the auspices of the national rifle association and that	939
complies with the requirements set forth in division (G) of this	940
section;	941

(b) An original or photocopy of a certificate of completion	942
of a firearms safety, training, or requalification or firearms	943
safety instructor course, class, or program that satisfies all of	944
the following criteria:	945

(i) It was open to members of the general public.

946

(ii) It utilized qualified instructors who were certified by	947
the national rifle association, the executive director of the Ohio	948
peace officer training commission pursuant to section 109.75 or	949
109.78 of the Revised Code, or a governmental official or entity	950
of another state.	951

(iii) It was offered by or under the auspices of a law	952
enforcement agency of this or another state or the United States,	953
a public or private college, university, or other similar	954
postsecondary educational institution located in this or another	955
state, a firearms training school located in this or another	956
state, or another type of public or private entity or organization	957
located in this or another state.	958

(iv) It complies with the requirements set forth in division	959
(G) of this section.	960

(c) An original or photocopy of a certificate of completion	961
of a state, county, municipal, or department of natural resources	962
peace officer training school that is approved by the executive	963
director of the Ohio peace officer training commission pursuant to	964
section 109.75 of the Revised Code and that complies with the	965
requirements set forth in division (G) of this section, or the	966
applicant has satisfactorily completed and been issued a	967
certificate of completion of a basic firearms training program, a	968
firearms requalification training program, or another basic	969
training program described in section 109.78 or 109.801 of the	970
Revised Code that complies with the requirements set forth in	971
division (G) of this section;	972

(d) A document that evidences both of the following:

973

(i) That the applicant is an active or reserve member of the	974
armed forces of the United States, was honorably discharged from	975
military service in the active or reserve armed forces of the	976
United States, is a retired trooper of the state highway patrol,	977
or is a retired peace officer or federal law enforcement officer	978
described in division (B)(1) of this section or a retired person	979
described in division (B)(1)(b) of section 109.77 of the Revised	980
Code and division (B)(1) of this section;	981

(ii) That, through participation in the military service or	982
through the former employment described in division (B)(3)(d)(i)	983
of this section, the applicant acquired experience with handling	984
handguns or other firearms, and the experience so acquired was	985
equivalent to training that the applicant could have acquired in a	986
course, class, or program described in division (B)(3)(a), (b), or	987
(c) of this section.	988

(e) A certificate or another similar document that evidences	989
satisfactory completion of a firearms training, safety, or	990
requalification or firearms safety instructor course, class, or	991
program that is not otherwise described in division (B)(3)(a),	992
(b), (c), or (d) of this section, that was conducted by an	993
instructor who was certified by an official or entity of the	994
government of this or another state or the United States or by the	995
national rifle association, and that complies with the	996
requirements set forth in division (G) of this section;	997

(f) An affidavit that attests to the applicant's satisfactory	998
completion of a course, class, or program described in division	999
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	1000
by the applicant's instructor or an authorized representative of	1001
the entity that offered the course, class, or program or under	1002
whose auspices the course, class, or program was offered;	1003

(g) A document that evidences that the applicant has	1004
successfully completed either the Ohio peace officer training	1005
program described in section 109.79 of the Revised Code or the	1006
annual firearms requalification training program described in	1007
section 109.801 of the Revised Code.	1008

(4) A certification by the applicant that the applicant has	1009
read the pamphlet prepared by the Ohio peace officer training	1010
commission pursuant to section 109.731 of the Revised Code that	1011
reviews firearms, dispute resolution, and use of deadly force	1012
matters.	1013

(5) A set of fingerprints of the applicant provided as	1014
described in section 311.41 of the Revised Code through use of an	1015
electronic fingerprint reading device or, if the sheriff to whom	1016
the application is submitted does not possess and does not have	1017
ready access to the use of such a reading device, on a standard	1018
impression sheet prescribed pursuant to division (C)(2) of section	1019
109.572 of the Revised Code.	1020

(6) If the applicant is not a citizen or national of the	1021
United States, the name of the applicant's country of citizenship	1022
and the applicant's alien registration number issued by the United	1023
States citizenship and immigration services agency.	1024

(7) If the applicant resides in another state, adequate proof	1025
of employment in Ohio.	1026

(C) Upon receipt of the completed application form,	1027
supporting documentation, and, if not waived, license fee of an	1028
applicant under this section, a sheriff, in the manner specified	1029
in section 311.41 of the Revised Code, shall conduct or cause to	1030
be conducted the criminal records check and the incompetency	1031
records check described in section 311.41 of the Revised Code.	1032

(D)(1) Except as provided in division (D)(3) or (4) of this	1033
section, within forty-five days after a sheriff's receipt of an	1034
applicant's completed application form for a concealed handgun	1035
license under this section, the supporting documentation, and, if	1036
not waived, the license fee, the sheriff shall make available	1037
through the law enforcement automated data system in accordance	1038
with division (H) of this section the information described in	1039
that division and, upon making the information available through	1040
the system, shall issue to the applicant a concealed handgun	1041
license that shall expire as described in division (D)(2)(a) of	1042
this section if all of the following apply:	1043

(a) The applicant is legally living in the United States, has	1044
been a resident of this state for at least forty-five days, and	1045
has been a resident of the county in which the person seeks the	1046
license or a county adjacent to the county in which the person	1047
seeks the license for at least thirty days. For purposes of	1048
division (D)(1)(a) of this section:	1049

(i) If, if a person is absent from the United States, from	1050
this state, or from a particular county in this state in	1051
compliance with military or naval orders as an active or reserve	1052
member of the armed forces of the United States and if prior to	1053
leaving this state in compliance with those ordersthe United	1054
States the person was legally living in the United States and was	1055
a resident of this state, the person, solely by reason of that	1056
absence, shall not be considered to have lost the person's status	1057
as living in the United States or the person's residence in this	1058
state or in the county in which the person was a resident prior to	1059
leaving this state in compliance with those orders, without regard	1060
to whether or not the person intends to return to this state or to	1061
that county, shall not be considered to have acquired a residence	1062
in any other state, and shall not be considered to have become a	1063
resident of any other state.	1064

(ii) If a person is present in this state in compliance with	1065
military or naval orders as an active or reserve member of the	1066
armed forces of the United States for at least forty-five days,	1067
the person shall be considered to have been a resident of this	1068
state for that period of at least forty-five days, and, if a	1069
person is present in a county of this state in compliance with	1070
military or naval orders as an active or reserve member of the	1071
armed forces of the United States for at least thirty days, the	1072
person shall be considered to have been a resident of that county	1073
for that period of at least thirty days.	1074

(b) The applicant is at least twenty-one years of age.

1075

(c) The applicant is not a fugitive from justice.

1076

(d) The applicant is not under indictment for or otherwise	1077
charged with a felony; an offense under Chapter 2925., 3719., or	1078
4729. of the Revised Code that involves the illegal possession,	1079
use, sale, administration, or distribution of or trafficking in a	1080
drug of abuse;crime punishable by imprisonment for a term	1081
exceeding one year, a fifth degree felony offense of violence, a	1082
fifth degree felony that involves the illegal possession, use,	1083
sale, administration, or distribution of or trafficking in a drug	1084
of abuse, a misdemeanor offense of violence;, or a violation of	1085
section 2903.14 or 2923.1211 of the Revised Code or a similar	1086
violation in another state.	1087

(e) Except as otherwise provided in division (D)(5)(4) of	1088
this section, the applicant has not been convicted of or pleaded	1089
guilty to a felony or an offense under Chapter 2925., 3719., or	1090
4729. of the Revised Code that involves the illegal possession,	1091
use, sale, administration, or distribution of or trafficking in a	1092
drug of abusecrime punishable by imprisonment for a term	1093
exceeding one year, a fifth degree felony offense of violence or,	1094
within ten years before the date of application, a fifth degree	1095
felony that involves the illegal possession, use, sale,	1096
administration, or distribution of or trafficking in a drug of	1097
abuse; has not been adjudicated a delinquent child for committing	1098
an act that if committed by an adult would be a felony or would be	1099
an offense under Chapter 2925., 3719., or 4729. of the Revised	1100
Code that involves the illegal possession, use, sale,	1101
administration, or distribution of or trafficking in a drug of	1102
abusea crime punishable by imprisonment for a term exceeding one	1103
year, a fifth degree felony offense of violence or, within ten	1104
years before the date of application, a fifth degree felony that	1105
involves the illegal possession, use, sale, administration, or	1106
distribution of or trafficking in a drug of abuse; and has not	1107
been convicted of, pleaded guilty to, or adjudicated a delinquent	1108
child for committing a violation of section 2903.13 of the Revised	1109
Code when the victim of the violation is a peace officer,	1110
regardless of whether the applicant was sentenced under division	1111
(C)(4) of that section, or a similar violation in another state.	1112

(f) Except as otherwise provided in division (D)(5)(4) of	1113
this section, the applicant, within three years of the date of the	1114
application, has not been convicted of or pleaded guilty to a	1115
misdemeanor offense of violence other than a misdemeanor violation	1116
of section 2921.33 of the Revised Code or a violation of section	1117
2903.13 of the Revised Code when the victim of the violation is a	1118
peace officer, or a misdemeanor violation of section 2923.1211 of	1119
the Revised Code or a similar violation in another state; and has	1120
not been adjudicated a delinquent child for committing an act that	1121
if committed by an adult would be a misdemeanor offense of	1122
violence other than a misdemeanor violation of section 2921.33 of	1123
the Revised Code or a violation of section 2903.13 of the Revised	1124
Code when the victim of the violation is a peace officer or for	1125
committing an act that if committed by an adult would be a	1126
misdemeanor violation of section 2923.1211 of the Revised Code or	1127
a similar violation in another state.	1128

(g) Except as otherwise provided in division (D)(1)(e) of	1129
this section, the applicant, within five years of the date of the	1130
application, has not been convicted of, pleaded guilty to, or	1131
adjudicated a delinquent child for committing two or more	1132
violations of section 2903.13 or 2903.14 of the Revised Code or a	1133
similar violation in another state.	1134

(h) Except as otherwise provided in division (D)(5)(4) of	1135
this section, the applicant, within ten years of the date of the	1136
application, has not been convicted of, pleaded guilty to, or	1137
adjudicated a delinquent child for committing a violation of	1138
section 2921.33 of the Revised Code or a similar violation in	1139
another state.	1140

(i) The applicant has not been adjudicated as a mental	1141
defective, has not been committed to any mental institution, is	1142
not under adjudication of mental incompetence, has not been found	1143
by a court to be a mentally ill person subject to hospitalization	1144
by court order, and is not an involuntary patient other than one	1145
who is a patient only for purposes of observation. As used in this	1146
division, "mentally ill person subject to hospitalization by court	1147
order" and "patient" have the same meanings as in section 5122.01	1148
of the Revised Code.	1149

(j) The applicant is not currently subject to a civil	1150
protection order, a temporary protection order, or a protection	1151
order issued by a court of another stateorder under which it is	1152
unlawful for the applicant to possess or purchase a firearm under	1153
the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 922(g)(8).	1154

(k) The applicant certifies that the applicant desires a	1155
legal means to carry a concealed handgun for defense of the	1156
applicant or a member of the applicant's family while engaged in	1157
lawful activity.	1158

(l) The applicant submits a competency certification of the	1159
type described in division (B)(3) of this section and submits a	1160
certification of the type described in division (B)(4) of this	1161
section regarding the applicant's reading of the pamphlet prepared	1162
by the Ohio peace officer training commission pursuant to section	1163
109.731 of the Revised Code.	1164

(m) The applicant currently is not subject to a suspension	1165
imposed under division (A)(2) of section 2923.128 of the Revised	1166
Code of a concealed handgun license that previously was issued to	1167
the applicant under this section or section 2923.1213 of the	1168
Revised Code or a similar suspension imposed by another state	1169
regarding a concealed handgun license issued by that state.	1170

(n) The applicant certifies that the applicant is not an	1171
unlawful user of or addicted to any controlled substance as	1172
defined in 21 U.S.C. 802.	1173

(o) If the applicant is not a United States citizen, the	1174
applicant is an alien and has not been admitted to the United	1175
States under a nonimmigrant visa, as defined in the "Immigration	1176
and Nationality Act," 8 U.S.C. 1101(a)(26).	1177

(p) The applicant has not been discharged from the armed	1178
forces of the United States under dishonorable conditions.	1179

(q) The applicant certifies that the applicant has not	1180
renounced the applicant's United States citizenship.	1181

(r) The applicant has not been convicted of, pleaded guilty	1182
to, or adjudicated a delinquent child for committing a violation	1183
of section 2919.25 of the Revised Code or a similar violation in	1184
another state.	1185

(2)(a) A concealed handgun license that a sheriff issues	1186
under division (D)(1) of this section shall expire five years	1187
after the date of issuance.	1188

If a sheriff issues a license under this section, the sheriff	1189
shall place on the license a unique combination of letters and	1190
numbers identifying the license in accordance with the procedure	1191
prescribed by the Ohio peace officer training commission pursuant	1192
to section 109.731 of the Revised Code.	1193

(b) If a sheriff denies an application under this section	1194
because the applicant does not satisfy the criteria described in	1195
division (D)(1) of this section, the sheriff shall specify the	1196
grounds for the denial in a written notice to the applicant. The	1197
applicant may appeal the denial pursuant to section 119.12 of the	1198
Revised Code in the county served by the sheriff who denied the	1199
application. If the denial was as a result of the criminal records	1200
check conducted pursuant to section 311.41 of the Revised Code and	1201
if, pursuant to section 2923.127 of the Revised Code, the	1202
applicant challenges the criminal records check results using the	1203
appropriate challenge and review procedure specified in that	1204
section, the time for filing the appeal pursuant to section 119.12	1205
of the Revised Code and this division is tolled during the	1206
pendency of the request or the challenge and review. If the court	1207
in an appeal under section 119.12 of the Revised Code and this	1208
division enters a judgment sustaining the sheriff's refusal to	1209
grant to the applicant a concealed handgun license, the applicant	1210
may file a new application beginning one year after the judgment	1211
is entered. If the court enters a judgment in favor of the	1212
applicant, that judgment shall not restrict the authority of a	1213
sheriff to suspend or revoke the license pursuant to section	1214
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	1215
the license for any proper cause that may occur after the date the	1216
judgment is entered. In the appeal, the court shall have full	1217
power to dispose of all costs.	1218

(3) If the sheriff with whom an application for a concealed	1219
handgun license was filed under this section becomes aware that	1220
the applicant has been arrested for or otherwise charged with an	1221
offense that would disqualify the applicant from holding the	1222
license, the sheriff shall suspend the processing of the	1223
application until the disposition of the case arising from the	1224
arrest or charge.	1225

(4) If the sheriff determines that the applicant is legally	1226
living in the United States and is a resident of the county in	1227
which the applicant seeks the license or of an adjacent county but	1228
does not yet meet the residency requirements described in division	1229
(D)(1)(a) of this section, the sheriff shall not deny the license	1230
because of the residency requirements but shall not issue the	1231
license until the applicant meets those residency requirements.	1232

(5) If an applicant has been convicted of or pleaded guilty	1233
to an offense identified in division (D)(1)(e), (f), or (h) of	1234
this section or has been adjudicated a delinquent child for	1235
committing an act or violation identified in any of those	1236
divisions, and if a court has ordered the sealing or expungement	1237
of the records of that conviction, guilty plea, or adjudication	1238
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	1239
2953.36, or section 2953.37 of the Revised Code or a court in	1240
another state has ordered the sealing or expungement of the	1241
records of the conviction, guilty plea, or adjudication of a	1242
similar violation in another state pursuant to the laws of that	1243
state or a court has granted the applicant relief pursuant to	1244
section 2923.14 of the Revised Code or a similar statute in	1245
another state from the disability imposed pursuant to section	1246
2923.13 of the Revised Code or a disability imposed by a court in	1247
another state relative to that conviction, guilty plea, or	1248
adjudication, the sheriff with whom the application was submitted	1249
shall not consider the conviction, guilty plea, or adjudication in	1250
making a determination under division (D)(1) or (F) of this	1251
section or, in relation to an application for a concealed handgun	1252
license on a temporary emergency basis submitted under section	1253
2923.1213 of the Revised Code, in making a determination under	1254
division (B)(2) of that section.	1255

(E) If a concealed handgun license issued under this section	1256
is lost or is destroyed, the licensee may obtain from the sheriff	1257
who issued that license a duplicate license upon the payment of a	1258
fee of fifteen dollars and the submission of an affidavit	1259
attesting to the loss or destruction of the license. The sheriff,	1260
in accordance with the procedures prescribed in section 109.731 of	1261
the Revised Code, shall place on the replacement license a	1262
combination of identifying numbers different from the combination	1263
on the license that is being replaced.	1264

(F)(1) A(a) Except as provided in division (F)(1)(b) of this	1265
section, a licensee who wishes to renew a concealed handgun	1266
license issued under this section shall do so not earlier than	1267
ninety days before the expiration date of the license or at any	1268
time after the expiration date of the license by filing with the	1269
sheriff of the county in which the applicant resides or is	1270
employed or with the sheriff of an adjacent county, an application	1271
for renewal of the license obtained pursuant to division (D) of	1272
this section, a certification by the applicant that, subsequent to	1273
the issuance of the license, the applicant has reread the pamphlet	1274
prepared by the Ohio peace officer training commission pursuant to	1275
section 109.731 of the Revised Code that reviews firearms, dispute	1276
resolution, and use of deadly force matters, and a nonrefundable	1277
license renewal fee in an amount determined pursuant to division	1278
(F)(4) of this section unless the fee is waived.	1279

(b) A person on active duty in the armed forces of the United	1280
States or in service with the peace corps, volunteers in service	1281
to America, or the foreign service of the United States is exempt	1282
from the license requirements of this section for the period of	1283
the person's active duty or service and for six months thereafter,	1284
provided the person was a licensee under this section at the time	1285
the person commenced the person's active duty or service or had	1286
obtained a license while on active duty or service. The spouse or	1287
a dependent of any such person on active duty or in service also	1288
is exempt from the license requirements of this section for the	1289
period of the person's active duty or service and for six months	1290
thereafter, provided the spouse or dependent was a licensee under	1291
this section at the time the person commenced the active duty or	1292
service or had obtained a license while the person was on active	1293
duty or service, and provided further that the person's active	1294
duty or service resulted in the spouse or dependent relocating	1295
outside of this state during the period of the active duty or	1296
service. This division does not prevent such a person or the	1297
person's spouse or dependent from making an application for the	1298
renewal of a concealed handgun license during the period of the	1299
person's active duty or service.	1300

(2) A sheriff shall accept a completed renewal application,	1301
the license renewal fee, and the information specified in division	1302
(F)(1) of this section at the times and in the manners described	1303
in division (I) of this section. Upon receipt of a completed	1304
renewal application, of certification that the applicant has	1305
reread the specified pamphlet prepared by the Ohio peace officer	1306
training commission, and of a license renewal fee unless the fee	1307
is waived, a sheriff, in the manner specified in section 311.41 of	1308
the Revised Code shall conduct or cause to be conducted the	1309
criminal records check and the incompetency records check	1310
described in section 311.41 of the Revised Code. The sheriff shall	1311
renew the license if the sheriff determines that the applicant	1312
continues to satisfy the requirements described in division (D)(1)	1313
of this section, except that the applicant is not required to meet	1314
the requirements of division (D)(1)(l) of this section. A renewed	1315
license shall expire five years after the date of issuance. A	1316
renewed license is subject to division (E) of this section and	1317
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	1318
shall comply with divisions (D)(2) to (4)and (3) of this section	1319
when the circumstances described in those divisions apply to a	1320
requested license renewal. If a sheriff denies the renewal of a	1321
concealed handgun license, the applicant may appeal the denial, or	1322
challenge the criminal record check results that were the basis of	1323
the denial if applicable, in the same manner as specified in	1324
division (D)(2)(b) of this section and in section 2923.127 of the	1325
Revised Code, regarding the denial of a license under this	1326
section.	1327

(3) A renewal application submitted pursuant to division (F)	1328
of this section shall only require the licensee to list on the	1329
application form information and matters occurring since the date	1330
of the licensee's last application for a license pursuant to	1331
division (B) or (F) of this section. A sheriff conducting the	1332
criminal records check and the incompetency records check	1333
described in section 311.41 of the Revised Code shall conduct the	1334
check only from the date of the licensee's last application for a	1335
license pursuant to division (B) or (F) of this section through	1336
the date of the renewal application submitted pursuant to division	1337
(F) of this section.	1338

(4) An applicant for a renewal concealed handgun license	1339
under this section shall submit to the sheriff of the county in	1340
which the applicant resides or to the sheriff of any county	1341
adjacent to the county in which the applicant resides, or in the	1342
case of an applicant who resides in another state, to the sheriff	1343
of the county that issued the applicant's previous concealed	1344
handgun license a nonrefundable license fee as described in either	1345
of the following:	1346

(a) For an applicant who has been a resident of this state	1347
for five or more years, a fee of fifty dollars;	1348

(b) For an applicant who has been a resident of this state	1349
for less than five years or who is not a resident of this state	1350
but who is employed in this state, a fee of fifty dollars plus the	1351
actual cost of having a background check performed by the federal	1352
bureau of investigation.	1353

(G)(1) Each course, class, or program described in division	1354
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1355
person who takes the course, class, or program the web site	1356
address at which the pamphlet prepared by the Ohio peace officer	1357
training commission pursuant to section 109.731 of the Revised	1358
Code that reviews firearms, dispute resolution, and use of deadly	1359
force matters may be found. Each such course, class, or program	1360
described in one of those divisions shall include at least twelve	1361
four hours of training in the safe handling and use of a firearm	1362
that shall include training on all of the following matters:	1363

(a) At least ten hours of training on the following matters:

1364

(i) The ability to name, explain, and demonstrate the rules	1365
for safe handling of a handgun and proper storage practices for	1366
handguns and ammunition;	1367

(ii)(b) The ability to demonstrate and explain how to handle	1368
ammunition in a safe manner;	1369

(iii)(c) The ability to demonstrate the knowledge, skills,	1370
and attitude necessary to shoot a handgun in a safe manner;	1371

(iv)(d) Gun handling training.

1372

(b) At least two hours of training;

1373

(e) Training that consists of range time and live-fire	1374
training;	1375

(f) The locations where carrying a concealed handgun with a	1376
valid license are prohibited.	1377

(2) To satisfactorily complete the course, class, or program	1378
described in division (B)(3)(a), (b), (c), or (e) of this section,	1379
the applicant shall pass a competency examination that shall	1380
include both of the following:	1381

(a) A written section on the ability to name and explain the	1382
rules for the safe handling of a handgun and proper storage	1383
practices for handguns and ammunition;	1384

(b) A physical demonstration of competence in the use of a	1385
handgun and in the rules for safe handling and storage of a	1386
handgun and a physical demonstration of the attitude necessary to	1387
shoot a handgun in a safe manner.	1388

(3) The competency certification described in division	1389
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1390
shall attest that the course, class, or program the applicant	1391
successfully completed met the requirements described in division	1392
(G)(1) of this section and that the applicant passed the	1393
competency examination described in division (G)(2) of this	1394
section.	1395

(H) Upon deciding to issue a concealed handgun license,	1396
deciding to issue a replacement concealed handgun license, or	1397
deciding to renew a concealed handgun license pursuant to this	1398
section, and before actually issuing or renewing the license, the	1399
sheriff shall make available through the law enforcement automated	1400
data system all information contained on the license. If the	1401
license subsequently is suspended under division (A)(1) or (2) of	1402
section 2923.128 of the Revised Code, revoked pursuant to division	1403
(B)(1) of section 2923.128 of the Revised Code, or lost or	1404
destroyed, the sheriff also shall make available through the law	1405
enforcement automated data system a notation of that fact. The	1406
superintendent of the state highway patrol shall ensure that the	1407
law enforcement automated data system is so configured as to	1408
permit the transmission through the system of the information	1409
specified in this division.	1410

(I) A sheriff shall accept a completed application form or	1411
renewal application, and the fee, items, materials, and	1412
information specified in divisions (B)(1) to (5) or division (F)	1413
of this section, whichever is applicable, and shall provide an	1414
application form or renewal application to any person during at	1415
least fifteen hours a week and shall provide the web site address	1416
at which a printable version of the application form that can be	1417
downloaded and the pamphlet described in division (B) of section	1418
109.731 of the Revised Code may be found at any time, upon	1419
request. The sheriff shall post notice of the hours during which	1420
the sheriff is available to accept or provide the information	1421
described in this division.	1422

Sec. 2923.1213. (A) As used in this section:

1423

(1) "Evidence of imminent danger" means any of the following:

1424

(a) A statement sworn by the person seeking to carry a	1425
concealed handgun that is made under threat of perjury and that	1426
states that the person has reasonable cause to fear a criminal	1427
attack upon the person or a member of the person's family, such as	1428
would justify a prudent person in going armed;	1429

(b) A written document prepared by a governmental entity or	1430
public official describing the facts that give the person seeking	1431
to carry a concealed handgun reasonable cause to fear a criminal	1432
attack upon the person or a member of the person's family, such as	1433
would justify a prudent person in going armed. Written documents	1434
of this nature include, but are not limited to, any temporary	1435
protection order, civil protection order, protection order issued	1436
by another state, or other court order, any court report, and any	1437
report filed with or made by a law enforcement agency or	1438
prosecutor.	1439

(2) "Prosecutor" has the same meaning as in section 2935.01	1440
of the Revised Code.	1441

(B)(1) A person seeking a concealed handgun license on a	1442
temporary emergency basis shall submit to the sheriff of the	1443
county in which the person resides or in the case of a person who	1444
usually resides in another state, to the sheriff of the county in	1445
which the person is temporarily staying all of the following:	1446

(a) Evidence of imminent danger to the person or a member of	1447
the person's family;	1448

(b) A sworn affidavit that contains all of the information	1449
required to be on the license and attesting that the person is	1450
legally living in the United States; is at least twenty-one years	1451
of age; is not a fugitive from justice; is not under indictment	1452
for or otherwise charged with an offense identified in division	1453
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	1454
convicted of or pleaded guilty to an offense, and has not been	1455
adjudicated a delinquent child for committing an act, identified	1456
in division (D)(1)(e) of that section and to which division (B)(3)	1457
of this section does not apply; within three years of the date of	1458
the submission, has not been convicted of or pleaded guilty to an	1459
offense, and has not been adjudicated a delinquent child for	1460
committing an act, identified in division (D)(1)(f) of that	1461
section and to which division (B)(3) of this section does not	1462
apply; within five years of the date of the submission, has not	1463
been convicted of, pleaded guilty, or adjudicated a delinquent	1464
child for committing two or more violations identified in division	1465
(D)(1)(g) of that section; within ten years of the date of the	1466
submission, has not been convicted of, pleaded guilty, or	1467
adjudicated a delinquent child for committing a violation	1468
identified in division (D)(1)(h) of that section and to which	1469
division (B)(3) of this section does not apply; has not been	1470
adjudicated as a mental defective, has not been committed to any	1471
mental institution, is not under adjudication of mental	1472
incompetence, has not been found by a court to be a mentally ill	1473
person subject to hospitalization by court order, and is not an	1474
involuntary patient other than one who is a patient only for	1475
purposes of observation, as described in division (D)(1)(i) of	1476
that section; is not currently subject to a civil protection	1477
order, a temporary protection order, or a protection order issued	1478
by a court of another state, as described in division (D)(1)(j) of	1479
that section; and is not currently subject to a suspension imposed	1480
under division (A)(2) of section 2923.128 of the Revised Code of a	1481
concealed handgun license that previously was issued to the person	1482
or a similar suspension imposed by another state regarding a	1483
concealed handgun license issued by that state; is not an unlawful	1484
user of or addicted to any controlled substance as defined in 21	1485
U.S.C. 802; is an alien and has not been admitted to the United	1486
States under a nonimmigrant visa, as defined in the "Immigration	1487
and Nationality Act," 8 U.S.C. 1101(a)(26); has not been	1488
discharged from the armed forces of the United States under	1489
dishonorable conditions; has not renounced the applicant's United	1490
States citizenship; and has not been convicted of, pleaded guilty	1491
to, or been adjudicated a delinquent child for committing a	1492
violation identified in division (D)(1)(r) of section 2923.125 of	1493
the Revised Code;	1494

(c) A nonrefundable temporary emergency license fee as	1495
described in either of the following:	1496

(i) For an applicant who has been a resident of this state	1497
for five or more years, a fee of fifteen dollars plus the actual	1498
cost of having a background check performed by the bureau of	1499
criminal identification and investigation pursuant to section	1500
311.41 of the Revised Code;	1501

(ii) For an applicant who has been a resident of this state	1502
for less than five years or who is not a resident of this state, a	1503
fee of fifteen dollars plus the actual cost of having background	1504
checks performed by the federal bureau of investigation and the	1505
bureau of criminal identification and investigation pursuant to	1506
section 311.41 of the Revised Code.	1507

(d) A set of fingerprints of the applicant provided as	1508
described in section 311.41 of the Revised Code through use of an	1509
electronic fingerprint reading device or, if the sheriff to whom	1510
the application is submitted does not possess and does not have	1511
ready access to the use of an electronic fingerprint reading	1512
device, on a standard impression sheet prescribed pursuant to	1513
division (C)(2) of section 109.572 of the Revised Code. If the	1514
fingerprints are provided on a standard impression sheet, the	1515
person also shall provide the person's social security number to	1516
the sheriff.	1517

(2) A sheriff shall accept the evidence of imminent danger,	1518
the sworn affidavit, the fee, and the set of fingerprints required	1519
under division (B)(1) of this section at the times and in the	1520
manners described in division (I) of this section. Upon receipt of	1521
the evidence of imminent danger, the sworn affidavit, the fee, and	1522
the set of fingerprints required under division (B)(1) of this	1523
section, the sheriff, in the manner specified in section 311.41 of	1524
the Revised Code, immediately shall conduct or cause to be	1525
conducted the criminal records check and the incompetency records	1526
check described in section 311.41 of the Revised Code. Immediately	1527
upon receipt of the results of the records checks, the sheriff	1528
shall review the information and shall determine whether the	1529
criteria set forth in divisions (D)(1)(a) to (j) and (m) to (r) of	1530
section 2923.125 of the Revised Code apply regarding the person.	1531
If the sheriff determines that all of criteria set forth in	1532
divisions (D)(1)(a) to (j) and (m) to (r) of section 2923.125 of	1533
the Revised Code apply regarding the person, the sheriff shall	1534
immediately make available through the law enforcement automated	1535
data system all information that will be contained on the	1536
temporary emergency license for the person if one is issued, and	1537
the superintendent of the state highway patrol shall ensure that	1538
the system is so configured as to permit the transmission through	1539
the system of that information. Upon making that information	1540
available through the law enforcement automated data system, the	1541
sheriff shall immediately issue to the person a concealed handgun	1542
license on a temporary emergency basis.	1543

If the sheriff denies the issuance of a license on a	1544
temporary emergency basis to the person, the sheriff shall specify	1545
the grounds for the denial in a written notice to the person. The	1546
person may appeal the denial, or challenge criminal records check	1547
results that were the basis of the denial if applicable, in the	1548
same manners specified in division (D)(2) of section 2923.125 and	1549
in section 2923.127 of the Revised Code, regarding the denial of	1550
an application for a concealed handgun license under that section.	1551

The license on a temporary emergency basis issued under this	1552
division shall be in the form, and shall include all of the	1553
information, described in divisions (A)(2) and (5) of section	1554
109.731 of the Revised Code, and also shall include a unique	1555
combination of identifying letters and numbers in accordance with	1556
division (A)(4) of that section.	1557

The license on a temporary emergency basis issued under this	1558
division is valid for ninety days and may not be renewed. A person	1559
who has been issued a license on a temporary emergency basis under	1560
this division shall not be issued another license on a temporary	1561
emergency basis unless at least four years has expired since the	1562
issuance of the prior license on a temporary emergency basis.	1563

(3) If a person seeking a concealed handgun license on a	1564
temporary emergency basis has been convicted of or pleaded guilty	1565
to an offense identified in division (D)(1)(e), (f), or (h) of	1566
section 2923.125 of the Revised Code or has been adjudicated a	1567
delinquent child for committing an act or violation identified in	1568
any of those divisions, and if a court has ordered the sealing or	1569
expungement of the records of that conviction, guilty plea, or	1570
adjudication pursuant to sections 2151.355 to 2151.358 or sections	1571
2953.31 to 2953.36 of the Revised Code or a court in another state	1572
has ordered the sealing or expungement of the records of that	1573
conviction, guilty plea, or adjudication of a similar violation in	1574
another state pursuant to the laws of that state or a court has	1575
granted the applicant relief pursuant to section 2923.14 of the	1576
Revised Code or pursuant to a similar statute in another state	1577
from the disability imposed pursuant to section 2923.13 of the	1578
Revised Code or from a disability imposed by a court in another	1579
state relative to that conviction, guilty plea, or adjudication,	1580
the conviction, guilty plea, or adjudication shall not be relevant	1581
for purposes of the sworn affidavit described in division	1582
(B)(1)(b) of this section, and the person may complete, and swear	1583
to the truth of, the affidavit as if the conviction, guilty plea,	1584
or adjudication never had occurred.	1585

(4) The sheriff shall waive the payment pursuant to division	1586
(B)(1)(c) of this section of the license fee in connection with an	1587
application that is submitted by an applicant who is a retired	1588
peace officer, a retired person described in division (B)(1)(b) of	1589
section 109.77 of the Revised Code, or a retired federal law	1590
enforcement officer who, prior to retirement, was authorized under	1591
federal law to carry a firearm in the course of duty, unless the	1592
retired peace officer, person, or federal law enforcement officer	1593
retired as the result of a mental disability.	1594

The sheriff shall deposit all fees paid by an applicant under	1595
division (B)(1)(c) of this section into the sheriff's concealed	1596
handgun license issuance fund established pursuant to section	1597
311.42 of the Revised Code.	1598

(C) A person who holds a concealed handgun license on a	1599
temporary emergency basis has the same right to carry a concealed	1600
handgun as a person who was issued a concealed handgun license	1601
under section 2923.125 of the Revised Code, and any exceptions to	1602
the prohibitions contained in section 1547.69 and sections 2923.12	1603
to 2923.16 of the Revised Code for a licensee under section	1604
2923.125 of the Revised Code apply to a licensee under this	1605
section. The person is subject to the same restrictions, and to	1606
all other procedures, duties, and sanctions, that apply to a	1607
person who carries a license issued under section 2923.125 of the	1608
Revised Code, other than the license renewal procedures set forth	1609
in that section.	1610

(D) A sheriff who issues a concealed handgun license on a	1611
temporary emergency basis under this section shall not require a	1612
person seeking to carry a concealed handgun in accordance with	1613
this section to submit a competency certificate as a prerequisite	1614
for issuing the license and shall comply with division (H) of	1615
section 2923.125 of the Revised Code in regards to the license.	1616
The sheriff shall suspend or revoke the license in accordance with	1617
section 2923.128 of the Revised Code. In addition to the	1618
suspension or revocation procedures set forth in section 2923.128	1619
of the Revised Code, the sheriff may revoke the license upon	1620
receiving information, verifiable by public documents, that the	1621
person is not eligible to possess a firearm under either the laws	1622
of this state or of the United States or that the person committed	1623
perjury in obtaining the license; if the sheriff revokes a license	1624
under this additional authority, the sheriff shall notify the	1625
person, by certified mail, return receipt requested, at the	1626
person's last known residence address that the license has been	1627
revoked and that the person is required to surrender the license	1628
at the sheriff's office within ten days of the date on which the	1629
notice was mailed. Division (H) of section 2923.125 of the Revised	1630
Code applies regarding any suspension or revocation of a concealed	1631
handgun license on a temporary emergency basis.	1632

(E) A sheriff who issues a concealed handgun license on a	1633
temporary emergency basis under this section shall retain, for the	1634
entire period during which the license is in effect, the evidence	1635
of imminent danger that the person submitted to the sheriff and	1636
that was the basis for the license, or a copy of that evidence, as	1637
appropriate.	1638

(F) If a concealed handgun license on a temporary emergency	1639
basis issued under this section is lost or is destroyed, the	1640
licensee may obtain from the sheriff who issued that license a	1641
duplicate license upon the payment of a fee of fifteen dollars and	1642
the submission of an affidavit attesting to the loss or	1643
destruction of the license. The sheriff, in accordance with the	1644
procedures prescribed in section 109.731 of the Revised Code,	1645
shall place on the replacement license a combination of	1646
identifying numbers different from the combination on the license	1647
that is being replaced.	1648

(G) The Ohio peace officer training commission shall	1649
prescribe, and shall make available to sheriffs, a standard form	1650
to be used under division (B) of this section by a person who	1651
applies for a concealed handgun license on a temporary emergency	1652
basis on the basis of imminent danger of a type described in	1653
division (A)(1)(a) of this section.	1654

(H) A sheriff who receives any fees paid by a person under	1655
this section shall deposit all fees so paid into the sheriff's	1656
concealed handgun license issuance expense fund established under	1657
section 311.42 of the Revised Code.	1658

(I) A sheriff shall accept evidence of imminent danger, a	1659
sworn affidavit, the fee, and the set of fingerprints specified in	1660
division (B)(1) of this section at any time during normal business	1661
hours. In no case shall a sheriff require an appointment, or	1662
designate a specific period of time, for the submission or	1663
acceptance of evidence of imminent danger, a sworn affidavit, the	1664
fee, and the set of fingerprints specified in division (B)(1) of	1665
this section, or for the provision to any person of a standard	1666
form to be used for a person to apply for a concealed handgun	1667
license on a temporary emergency basis.	1668

Sec. 2923.13.  (A) Unless relieved from disability as	1669
provided in section 2923.14 of the Revised Code, or if the	1670
indictment or conviction occurred in another state, a process	1671
similar thereto in that other state, no person shall knowingly	1672
acquire, have, carry, or use any firearm or dangerous ordnance, if	1673
any of the following apply:	1674

(1) The person is a fugitive from justice.

1675

(2) The person is under indictment for or has been convicted	1676
of any felony offense of violence or has been adjudicated a	1677
delinquent child for the commission of an offense that, if	1678
committed by an adult, would have been a felony offense of	1679
violence.	1680

(3) The person is under indictment for or has been convicted	1681
of any felony offense involving the illegal possession, use, sale,	1682
administration, distribution, or trafficking in any drug of abuse	1683
or has been adjudicated a delinquent child for the commission of	1684
an offense that, if committed by an adult, would have been a	1685
felony offense involving the illegal possession, use, sale,	1686
administration, distribution, or trafficking in any drug of abuse.	1687

(4) The person is drug dependent, in danger of drug	1688
dependence, or a chronic alcoholic.	1689

(5)(4) The person is under adjudication of mental	1690
incompetence, has been adjudicated as a mental defective, has been	1691
committed to a mental institution, has been found by a court to be	1692
a mentally ill person subject to hospitalization by court order,	1693
or is an involuntary patient other than one who is a patient only	1694
for purposes of observation. As used in this division, "mentally	1695
ill person subject to hospitalization by court order" and	1696
"patient" have the same meanings as in section 5122.01 of the	1697
Revised Code.	1698

(5) It would be unlawful under 18 U.S.C. 922(g) or any other	1699
federal law for the person to possess a firearm or dangerous	1700
ordnance.	1701

(B) Whoever violates this section is guilty of having weapons	1702
while under disability, a felony of the third degree.	1703

Sec. 2923.14.  (A) Any person who is prohibited from	1704
acquiring, having, carrying, or using firearms may apply to the	1705
court of common pleas in the county in which the person resides	1706
for relief from such prohibition.	1707

(B) The application shall recite the following:

1708

(1) All indictments, convictions, or adjudications upon which	1709
the applicant's disability is based, the sentence imposed and	1710
served, and any release granted under a community control	1711
sanction, post-release control sanction, or parole, any partial or	1712
conditional pardon granted, or other disposition of each case, or,	1713
if the disability is based upon a factor other than an indictment,	1714
a conviction, or an adjudication, the factor upon which the	1715
disability is based and all details related to that factor;	1716

(2) Facts showing the applicant to be a fit subject for	1717
relief under this section.	1718

(C) A copy of the application shall be served on the county	1719
prosecutor. The county prosecutor shall cause the matter to be	1720
investigated and shall raise before the court any objections to	1721
granting relief that the investigation reveals.	1722

(D) Upon hearing, the court may grant the applicant relief	1723
pursuant to this section, if all of the following apply:	1724

(1) One of the following applies:

1725

(a) If the disability is based upon an indictment, a	1726
conviction, or an adjudication, the applicant has been fully	1727
discharged from imprisonment, community control, post-release	1728
control, and parole, or, if the applicant is under indictment, has	1729
been released on bail or recognizance.	1730

(b) If the disability is based upon a factor other than an	1731
indictment, a conviction, or an adjudication, that factor no	1732
longer is applicable to the applicant.	1733

(2) The applicant has led a law-abiding life since discharge	1734
or release, and appears likely to continue to do so.	1735

(3) The applicant is not otherwise prohibited by law from	1736
acquiring, having, or using firearms.	1737

(E) Costs of the proceeding shall be charged as in other	1738
civil cases, and taxed to the applicant.	1739

(F) Relief from disability granted pursuant to this section	1740
restores the applicant to all civil firearm rights to the full	1741
extent enjoyed by any citizen, and is subject to the following	1742
conditions:	1743

(1) Applies only with respect to indictments, convictions, or	1744
adjudications, or to the other factor, recited in the application	1745
as the basis for the applicant's disability;	1746

(2) Applies only with respect to firearms lawfully acquired,	1747
possessed, carried, or used by the applicant;	1748

(3) May be revoked by the court at any time for good cause	1749
shown and upon notice to the applicant;	1750

(4) Is automatically void upon commission by the applicant of	1751
any offense set forth in division (A)(2) or (3) of section 2923.13	1752
of the Revised Code, or upon the applicant's becoming one of the	1753
class of persons named in division (A)(1), (4)(3), or (5)(4) of	1754
that section.	1755

(G) As used in this section:

1756

(1) "Community control sanction" has the same meaning as in	1757
section 2929.01 of the Revised Code.	1758

(2) "Post-release control" and "post-release control	1759
sanction" have the same meanings as in section 2967.01 of the	1760
Revised Code.	1761

Section 2. That existing sections 9.68, 109.69, 109.731,	1762
109.85, 109.86, 311.41, 311.42, 2901.09, 2917.11, 2917.31,	1763
2923.11, 2923.125, 2923.1213, 2923.13, and 2923.14 and sections	1764
2923.1210 and 2923.22 of the Revised Code are hereby repealed.	1765