Section 1. That sections 109.69, 109.731, 1547.69, 2923.11, | 22 |
2923.12, 2923.121, 2923.122, 2923.123, 2923.124, 2923.125, | 23 |
2923.126, 2923.128, 2923.129, 2923.1210, 2923.1213, 2923.16, and | 24 |
4749.10 be amended and section 2923.111 of the Revised Code be | 25 |
enacted to read as follows: | 26 |
(C) The Ohio peace officer training commission shall maintain | 130 |
statistics with respect to the issuance, renewal, suspension, | 131 |
revocation, and denial of concealed handgun licenses under section | 132 |
2923.125 of the Revised Code and the suspension of processing of | 133 |
applications for those licenses, and with respect to the issuance, | 134 |
suspension, revocation, and denial of concealed handgun licenses | 135 |
on a temporary emergency basis under section 2923.1213 of the | 136 |
Revised Code, as reported by the sheriffs pursuant to division (C) | 137 |
of section 2923.129 of the Revised Code. Not later than the first | 138 |
day of March in each year, the commission shall submit a | 139 |
statistical report to the governor, the president of the senate, | 140 |
and the speaker of the house of representatives indicating the | 141 |
number of concealed handgun licenses that were issued, renewed, | 142 |
suspended, revoked, and denied under section 2923.125 of the | 143 |
Revised Code in the previous calendar year, the number of | 144 |
applications for those licenses for which processing was suspended | 145 |
in accordance with division (D)(3) of that section in the previous | 146 |
calendar year, and the number of concealed handgun licenses on a | 147 |
temporary emergency basis that were issued, suspended, revoked, or | 148 |
denied under section 2923.1213 of the Revised Code in the previous | 149 |
calendar year. Nothing in the statistics or the statistical report | 150 |
shall identify, or enable the identification of, any individual | 151 |
who was issued or denied a license, for whom a license was | 152 |
renewed, whose license was suspended or revoked, or for whom | 153 |
application processing was suspended. The statistics and the | 154 |
statistical report are public records for the purpose of section | 155 |
149.43 of the Revised Code. | 156 |
(E)(1) The affirmative defenses authorized in divisions | 181 |
(D)(1) and (2) of section 2923.12 of the Revised Code are | 182 |
affirmative defenses to a charge under division (C) or (D) of this | 183 |
section that involves a firearm other than a handgun if division | 184 |
(H)(2) of this section does not apply to the person charged. It is | 185 |
an affirmative defense to a charge under division (C) or (D) of | 186 |
this section of transporting or having a firearm of any type, | 187 |
including a handgun, in a vessel that the actor transported or had | 188 |
the firearm in the vessel for any lawful purpose and while the | 189 |
vessel was on the actor's own property, provided that this | 190 |
affirmative defense is not available unless the actor, prior to | 191 |
arriving at the vessel on the actor's own property, did not | 192 |
transport or possess the firearm in the vessel or in a motor | 193 |
vehicle in a manner prohibited by this section or division (B) or | 194 |
(C) of section 2923.16 of the Revised Code while the vessel was | 195 |
being operated on a waterway that was not on the actor's own | 196 |
property or while the motor vehicle was being operated on a | 197 |
street, highway, or other public or private property used by the | 198 |
public for vehicular traffic. | 199 |
(2) Divisions (C) and (D) of this section do not apply to a | 231 |
person who transports or possesses a handgun in a vessel a firearm | 232 |
that is not a restricted firearm and who, at the time of that | 233 |
transportation or possession, is carrying a valid concealed | 234 |
handgun license or is deemed under division (C) of section | 235 |
2923.111 of the Revised Code to have been issued a concealed | 236 |
handgun license under section 2923.125 of the Revised Code, unless | 237 |
the person at that time knowingly is in
aan unauthorized place | 238 |
on the vessel describedspecified in division (B) of section | 239 |
2923.126 of the Revised Code or knowingly is transporting or | 240 |
possessing the firearm in any prohibited manner listed in that | 241 |
division. | 242 |
(I) If a law enforcement officer stops a vessel for a | 243 |
violation of this section or any other law enforcement purpose, if | 244 |
any person on the vessel surrenders a firearm to the officer, | 245 |
either voluntarily or pursuant to a request or demand of the | 246 |
officer, and if the officer does not charge the person with a | 247 |
violation of this section or arrest the person for any offense, | 248 |
the person is not otherwise prohibited by law from possessing the | 249 |
firearm, and the firearm is not contraband, the officer shall | 250 |
return the firearm to the person at the termination of the stop. | 251 |
(J) Division (L) of section 2923.16 of the Revised Code | 252 |
applies with respect to division (A)(2) of this section, except | 253 |
that all references in division (L) of section 2923.16 of the | 254 |
Revised Code to "vehicle," to "this chapter," or to "division | 255 |
(K)(5)(a) or (b) of this section" shall be construed for purposes | 256 |
of this section to be, respectively, references to "vessel," to | 257 |
"section 1547.69 of the Revised Code," and to
"divisions | 258 |
(K)(5)(a) and (b) of section 2923.16 of the Revised Code as | 259 |
incorporated under the definition of firearm adopted under | 260 |
division (A)(2) of this section." | 261 |
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, | 324 |
cyclonite, TNT, picric acid, and other high explosives; amatol, | 325 |
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high | 326 |
explosive compositions; plastic explosives; dynamite, blasting | 327 |
gelatin, gelatin dynamite, sensitized ammonium nitrate, | 328 |
liquid-oxygen blasting explosives, blasting powder, and other | 329 |
blasting agents; and any other explosive substance having | 330 |
sufficient brisance or power to be particularly suitable for use | 331 |
as a military explosive, or for use in mining, quarrying, | 332 |
excavating, or demolitions; | 333 |
(M) "Explosive" means any chemical compound, mixture, or | 371 |
device, the primary or common purpose of which is to function by | 372 |
explosion. "Explosive" includes all materials that have been | 373 |
classified as division 1.1, division 1.2, division 1.3, or | 374 |
division 1.4 explosives by the United States department of | 375 |
transportation in its regulations and includes, but is not limited | 376 |
to, dynamite, black powder, pellet powders, initiating explosives, | 377 |
blasting caps, electric blasting caps, safety fuses, fuse | 378 |
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and | 379 |
igniter cords and igniters. "Explosive" does not include | 380 |
"fireworks," as defined in section 3743.01 of the Revised Code, or | 381 |
any substance or material otherwise meeting the definition of | 382 |
explosive set forth in this section that is manufactured, sold, | 383 |
possessed, transported, stored, or used in any activity described | 384 |
in section 3743.80 of the Revised Code, provided the activity is | 385 |
conducted in accordance with all applicable laws, rules, and | 386 |
regulations, including, but not limited to, the provisions of | 387 |
section 3743.80 of the Revised Code and the rules of the fire | 388 |
marshal adopted pursuant to section 3737.82 of the Revised Code. | 389 |
(N)(1) "Concealed handgun license" or "license to carry a | 390 |
concealed handgun" means, subject to division (N)(2) of this | 391 |
section, a license or temporary emergency license to carry a | 392 |
concealed handgun issued under section 2923.125 or 2923.1213 of | 393 |
the Revised Code that authorizes the person to whom it is issued | 394 |
to carry a concealed firearm other than a restricted firearm or a | 395 |
license to carry a concealed handgun issued by another state with | 396 |
which the attorney general has entered into a reciprocity | 397 |
agreement under section 109.69 of the Revised Code that authorizes | 398 |
the person to whom it is issued either to carry a concealed | 399 |
handgun or to carry a concealed firearm other than a restricted | 400 |
firearm. | 401 |
(2) A reference in any provision of the Revised Code to a | 402 |
concealed handgun license issued under section 2923.125 of the | 403 |
Revised Code or a license to carry a concealed handgun issued | 404 |
under section 2923.125 of the Revised Code means only a license of | 405 |
the type that is specified in that section. A reference in any | 406 |
provision of the Revised Code to a concealed handgun license | 407 |
issued under section 2923.1213 of the Revised Code, a license to | 408 |
carry a concealed handgun issued under section 2923.1213 of the | 409 |
Revised Code, or a license to carry a concealed handgun on a | 410 |
temporary emergency basis means only a license of the type that is | 411 |
specified in section 2923.1213 of the Revised Code. A reference in | 412 |
any provision of the Revised Code to a concealed handgun license | 413 |
issued by another state or a license to carry a concealed handgun | 414 |
issued by another state means only a license issued by another | 415 |
state with which the attorney general has entered into a | 416 |
reciprocity agreement under section 109.69 of the Revised Code. | 417 |
(O) "Valid concealed handgun license" or "valid license to | 424 |
carry a concealed handgun" means a concealed handgun license that | 425 |
is currently valid, that is not under a suspension under division | 426 |
(A)(1) of section 2923.128 of the Revised Code, under section | 427 |
2923.1213 of the Revised Code, or under a suspension provision of | 428 |
the state other than this state in which the license was issued, | 429 |
and that has not been revoked under division (B)(1) of section | 430 |
2923.128 of the Revised Code, under section 2923.1213 of the | 431 |
Revised Code, or under a revocation provision of the state other | 432 |
than this state in which the license was issued. | 433 |
Except as provided in divisions (B) and (C) of section | 447 |
2923.126 of the Revised Code and regardless of whether the person | 448 |
has been issued a concealed handgun license under section 2923.125 | 449 |
or 2923.1213 of the Revised Code or by another state, a person who | 450 |
is twenty-one years of age or older and is not legally prohibited | 451 |
from possessing or receiving a firearm under 18 U.S.C. 922(g)(1) | 452 |
to (9) may carry a concealed firearm that is not a restricted | 453 |
firearm anywhere in this state. The person's right to carry a | 454 |
concealed firearm that is not a restricted firearm that is granted | 455 |
under this division is the same right as is granted to a person | 456 |
who was issued a concealed handgun license under section 2923.125 | 457 |
of the Revised Code, and the person described in this division is | 458 |
subject to the same restrictions as apply to a person who was | 459 |
issued a license under section 2923.125 of the Revised Code. | 460 |
(B) The mere carrying or possession of a firearm that is not | 461 |
a restricted firearm pursuant to the right described in division | 462 |
(A) of this section, with or without a concealed handgun license | 463 |
issued under section 2923.125 or 2923.1213 of the Revised Code or | 464 |
by another state, does not constitute grounds for any law | 465 |
enforcement officer or any agent of the state, a county, a | 466 |
municipal corporation, or a township to conduct any search, | 467 |
seizure, or detention, no matter how temporary in duration, of an | 468 |
otherwise law-abiding person. | 469 |
(2) The concealed handgun license expiration provisions of | 479 |
section 2923.125 of the Revised Code and the concealed handgun | 480 |
license suspension and revocation provisions of section 2923.128 | 481 |
of the Revised Code do not apply with respect to a person who is | 482 |
described in division (A) of this section unless the person has | 483 |
been issued a concealed handgun license. If a person is described | 484 |
in division (A) of this section and the person thereafter comes | 485 |
within any category of persons specified in 18 U.S.C. 922(g)(1) to | 486 |
(9) so that the person as a result is legally prohibited under the | 487 |
applicable provision from possessing or receiving a firearm, both | 488 |
of the following apply automatically and immediately upon the | 489 |
person coming within that category: | 490 |
(3) If the person is stopped for a law enforcement purpose, | 525 |
if the person is carrying a concealed handgun, and if the person | 526 |
is approached by any law enforcement officer while stopped, | 527 |
knowingly remove or attempt to remove the loaded handgunfirearm | 528 |
from the holster, pocket, or other place in which the person is | 529 |
carrying it, knowingly grasp or hold the loaded handgunfirearm, | 530 |
or knowingly have contact with the loaded handgunfirearm by | 531 |
touching it with the person's hands or fingers at any time after | 532 |
the law enforcement officer begins approaching and before the law | 533 |
enforcement officer leaves, unless the person removes, attempts to | 534 |
remove, grasps, holds, or has contact with the loaded handgun | 535 |
firearm pursuant to and in accordance with directions given by the | 536 |
law enforcement officer; | 537 |
(2) DivisionDivisions (A)(1) and (2) of this section doesdo | 564 |
not apply to any person whowith respect to the carrying or | 565 |
possession of any firearm that is not a restricted firearm if, at | 566 |
the time of the alleged carrying or possession of a handgunthe | 567 |
firearm, the person is carrying a valid concealed handgun license | 568 |
or is deemed under division (C) of section 2923.111 of the Revised | 569 |
Code to have been issued a concealed handgun license under section | 570 |
2923.125 of the Revised Code, unless the person at that time | 571 |
knowingly is in aan unauthorized place describedspecified in | 572 |
division (B) of section 2923.126 of the Revised Code or knowingly | 573 |
is transporting or possessing the firearm in any prohibited manner | 574 |
listed in that division. | 575 |
(F)(1) Whoever violates this section is guilty of carrying | 599 |
concealed weapons. Except as otherwise provided in this division | 600 |
or division (F)(2) of this section, carrying concealed weapons in | 601 |
violation of division (A) of this section is a misdemeanor of the | 602 |
first degree. Except as otherwise provided in this division or | 603 |
division (F)(2) of this section, if the offender previously has | 604 |
been convicted of a violation of this section or of any offense of | 605 |
violence, if the weapon involved is a firearm that is either | 606 |
loaded or for which the offender has ammunition ready at hand, or | 607 |
if the weapon involved is dangerous ordnance, carrying concealed | 608 |
weapons in violation of division (A) of this section is a felony | 609 |
of the fourth degree. Except as otherwise provided in division | 610 |
(F)(2) of this section, ifIf the offense is committed aboard an | 611 |
aircraft, or with purpose to carry a concealed weapon aboard an | 612 |
aircraft, regardless of the weapon involved, carrying concealed | 613 |
weapons in violation of division (A) of this section is a felony | 614 |
of the third degree. | 615 |
(2) If a person being arrested for a violation of division | 616 |
(A)(2) of this section promptly produces a valid concealed handgun | 617 |
license, and if at the time of the violation the person was not | 618 |
knowingly in a place described in division (B) of section 2923.126 | 619 |
of the Revised Code, the officer shall not arrest the person for a | 620 |
violation of that division. If the person is not able to promptly | 621 |
produce any concealed handgun license and if the person is not in | 622 |
a place described in that section, the officer may arrest the | 623 |
person for a violation of that division, and the offender shall be | 624 |
punished as follows: | 625 |
(3) Except as otherwise provided in this division, carrying | 652 |
concealed weapons in violation of division (B)(1) of this section | 653 |
is a misdemeanor of the first degree, and, in addition to any | 654 |
other penalty or sanction imposed for a violation of division | 655 |
(B)(1) of this section, if the offender has been issued a | 656 |
concealed handgun license, the offender's concealed handgun | 657 |
license shall be suspended pursuant to division (A)(2) of section | 658 |
2923.128 of the Revised Code. If, at the time of the stop of the | 659 |
offender for a law enforcement purpose that was the basis of the | 660 |
violation, any law enforcement officer involved with the stop had | 661 |
actual knowledge that the offender has been issued a concealed | 662 |
handgun license or that the offender is deemed under division (C) | 663 |
of section 2923.111 of the Revised Code to have been issued a | 664 |
concealed handgun license under section 2923.125 of the Revised | 665 |
Code, carrying concealed weapons in violation of division (B)(1) | 666 |
of this section is a minor misdemeanor, and if the offender has | 667 |
been issued a concealed handgun license, the offender's
concealed | 668 |
handgun license shall not be suspended pursuant to division (A)(2) | 669 |
of section 2923.128 of the Revised Code. | 670 |
(4)(3) Carrying concealed weapons in violation of division | 671 |
(B)(2) or (4) of this section is a misdemeanor of the first degree | 672 |
or, if the offender previously has been convicted of or pleaded | 673 |
guilty to a violation of division (B)(2) or (4) of this section, a | 674 |
felony of the fifth degree. In addition to any other penalty or | 675 |
sanction imposed for a misdemeanor violation of division (B)(2) or | 676 |
(4) of this section, if the offender has been issued a concealed | 677 |
handgun license, the offender's concealed handgun license shall be | 678 |
suspended pursuant to division (A)(2) of section 2923.128 of the | 679 |
Revised Code. | 680 |
(G) If a law enforcement officer stops a person to question | 683 |
the person regarding a possible violation of this section, for a | 684 |
traffic stop, or for any other law enforcement purpose, if the | 685 |
person surrenders a firearm to the officer, either voluntarily or | 686 |
pursuant to a request or demand of the officer, and if the officer | 687 |
does not charge the person with a violation of this section or | 688 |
arrest the person for any offense, the person is not otherwise | 689 |
prohibited by law from possessing the firearm, and the firearm is | 690 |
not contraband, the officer shall return the firearm to the person | 691 |
at the termination of the stop. If a court orders a law | 692 |
enforcement officer to return a firearm to a person pursuant to | 693 |
the requirement set forth in this division, division (B) of | 694 |
section 2923.163 of the Revised Code applies. | 695 |
(d) The principal holder of a D permit issued for a premises | 714 |
or an open air arena under Chapter 4303. of the Revised Code while | 715 |
in the premises or open air arena for which the permit was issued | 716 |
if the principal holder of the D permit also possesses a valid | 717 |
concealed handgun license or is deemed under division (C) of | 718 |
section 2923.111 of the Revised Code to have been issued a | 719 |
concealed handgun license under section 2923.125 of the Revised | 720 |
Code and as long as the firearm is not a restricted firearm and | 721 |
the principal holder is not consuming beer or intoxicating liquor | 722 |
or under the influence of alcohol or a drug of abuse, or any agent | 723 |
or employee of that holder who also is a peace officer, as defined | 724 |
in section 2151.3515 of the Revised Code, who is off duty, and who | 725 |
otherwise is authorized to carry firearms while in the course of | 726 |
the officer's official duties and while in the premises or open | 727 |
air arena for which the permit was issued and as long as the | 728 |
firearm is not a restricted firearm and the agent or employee of | 729 |
that holder is not consuming beer or intoxicating liquor or under | 730 |
the influence of alcohol or a drug of abuse. | 731 |
(a) An officer, agent, or employee of this or any other state | 800 |
or the United States, or a law enforcement officer, who is | 801 |
authorized to carry deadly weapons or dangerous ordnance and is | 802 |
acting within the scope of the officer's, agent's, or employee's | 803 |
duties, a security officer employed by a board of education or | 804 |
governing body of a school during the time that the security | 805 |
officer is on duty pursuant to that contract of employment, or any | 806 |
other person who has written authorization from the board of | 807 |
education or governing body of a school to convey deadly weapons | 808 |
or dangerous ordnance into a school safety zone or to possess a | 809 |
deadly weapon or dangerous ordnance in a school safety zone and | 810 |
who conveys or possesses the deadly weapon or dangerous ordnance | 811 |
in accordance with that authorization; | 812 |
(2) Division (C) of this section does not apply to premises | 819 |
upon which home schooling is conducted. Division (C) of this | 820 |
section also does not apply to a school administrator, teacher, or | 821 |
employee who possesses an object that is indistinguishable from a | 822 |
firearm for legitimate school purposes during the course of | 823 |
employment, a student who uses an object that is indistinguishable | 824 |
from a firearm under the direction of a school administrator, | 825 |
teacher, or employee, or any other person who with the express | 826 |
prior approval of a school administrator possesses an object that | 827 |
is indistinguishable from a firearm for a legitimate purpose, | 828 |
including the use of the object in a ceremonial activity, a play, | 829 |
reenactment, or other dramatic presentation, or a ROTC activity or | 830 |
another similar use of the object. | 831 |
(3) This section does not apply to a person who conveys or | 832 |
attempts to convey a handgunfirearm that is not a restricted | 833 |
firearm into, or possesses a handgunfirearm that is not a | 834 |
restricted firearm in, a school safety zone if, at the time of | 835 |
that conveyance, attempted conveyance, or possession of the | 836 |
handgunfirearm that is not a restricted firearm, allthe person | 837 |
is carrying a valid concealed handgun license or is deemed under | 838 |
division (C) of section 2923.111 of the Revised Code to have been | 839 |
issued a concealed handgun license under section 2923.125 of the | 840 |
Revised Code and either of the following
applyapplies: | 841 |
(F)(1) In addition to any other penalty imposed upon a person | 881 |
who is convicted of or pleads guilty to a violation of this | 882 |
section and subject to division (F)(2) of this section, if the | 883 |
offender has not attained nineteen years of age, regardless of | 884 |
whether the offender is attending or is enrolled in a school | 885 |
operated by a board of education or for which the state board of | 886 |
education prescribes minimum standards under section 3301.07 of | 887 |
the Revised Code, the court shall impose upon the offender a class | 888 |
four suspension of the offender's probationary driver's license, | 889 |
restricted license, driver's license, commercial driver's license, | 890 |
temporary instruction permit, or probationary commercial driver's | 891 |
license that then is in effect from the range specified in | 892 |
division (A)(4) of section 4510.02 of the Revised Code and shall | 893 |
deny the offender the issuance of any permit or license of that | 894 |
type during the period of the suspension. | 895 |
(2) If the offender shows good cause why the court should not | 900 |
suspend one of the types of licenses, permits, or privileges | 901 |
specified in division (F)(1) of this section or deny the issuance | 902 |
of one of the temporary instruction permits specified in that | 903 |
division, the court in its discretion may choose not to impose the | 904 |
suspension, revocation, or denial required in that division, but | 905 |
the court, in its discretion, instead may require the offender to | 906 |
perform community service for a number of hours determined by the | 907 |
court. | 908 |
(a) Except as provided in division (E) of this section, a | 927 |
peace officer, or an officer of a law enforcement agency of | 928 |
another state, a political subdivision of another state, or the | 929 |
United States, who is authorized to carry a deadly weapon or | 930 |
dangerous ordnance, who possesses or has under that individual's | 931 |
control a deadly weapon or dangerous ordnance as a requirement of | 932 |
that individual's duties, and who is acting within the scope of | 933 |
that individual's duties at the time of that possession or | 934 |
control; | 935 |
(b) Except as provided in division (E) of this section, a | 936 |
person who is employed in this state, who is authorized to carry a | 937 |
deadly weapon or dangerous ordnance, who possesses or has under | 938 |
that individual's control a deadly weapon or dangerous ordnance as | 939 |
a requirement of that person's duties, and who is subject to and | 940 |
in compliance with the requirements of section 109.801 of the | 941 |
Revised Code, unless the appointing authority of the person has | 942 |
expressly specified that the exemption provided in division | 943 |
(C)(2)(b) of this section does not apply to the person. | 944 |
(6) Except as provided in division (E) of this section, a | 964 |
person who conveys or attempts to convey a handgunfirearm that is | 965 |
not a restricted firearm into a courthouse or into another | 966 |
building or structure in which a courtroom is located,or who, | 967 |
possesses or has under the person's control a firearm that is not | 968 |
a restricted firearm in a courthouse or such a building or | 969 |
structure, if the person at the time of the conveyance or, | 970 |
attempt, possession, or control, is carrying a valid concealed | 971 |
handgun license,or is deemed under division (C) of section | 972 |
2923.111 of the Revised Code to have been issued a concealed | 973 |
handgun license under section 2923.125 of the Revised Code and who | 974 |
the person transfers possession of the handgunfirearm to the | 975 |
officer or officer's designee who has charge of the courthouse or | 976 |
building. The officer shall secure the handgunfirearm until the | 977 |
licenseeperson is prepared to leave the premises. The exemption | 978 |
described in this division applies only if the officer who has | 979 |
charge of the courthouse or building provides services of the | 980 |
nature described in this division. An officer who has charge of | 981 |
the courthouse or building is not required to offer services of | 982 |
the nature described in this division. | 983 |
(E) The exemptions described in divisions (C)(1), (2)(a), | 1002 |
(2)(b), (4), (5), and (6) of this section do not apply to any | 1003 |
judge, magistrate, peace officer, officer of a law enforcement | 1004 |
agency, bailiff, deputy bailiff, prosecutor, secret service | 1005 |
officer, or other person described in any of those divisions if a | 1006 |
rule of superintendence or another type of rule adopted by the | 1007 |
supreme court pursuant to Article IV, Ohio Constitution, or an | 1008 |
applicable local rule of court prohibits all persons from | 1009 |
conveying or attempting to convey a deadly weapon or dangerous | 1010 |
ordnance into a courthouse or into another building or structure | 1011 |
in which a courtroom is located or from possessing or having under | 1012 |
one's control a deadly weapon or dangerous ordnance in a | 1013 |
courthouse or in another building or structure in which a | 1014 |
courtroom is located. | 1015 |
(D) "Licensee" means a person to whom a concealed handgun | 1033 |
license has been issued under section 2923.125 of the Revised Code | 1034 |
and, except when the context clearly indicates otherwise, includes | 1035 |
a person to whom a concealed handgun license on a temporary | 1036 |
emergency basis has been issued under section 2923.1213 of the | 1037 |
Revised Code and, a person to whom a concealed handgun license has | 1038 |
been issued by another state, and a person who is deemed under | 1039 |
division (C) of section 2923.111 of the Revised Code to have been | 1040 |
issued a concealed handgun license under section 2923.125 of the | 1041 |
Revised Code. | 1042 |
Sec. 2923.125. (A) This section applies with respect to the | 1073 |
application for and issuance by this state of concealed handgun | 1074 |
licenses other than concealed handgun licenses on a temporary | 1075 |
emergency basis that are issued under section 2923.1213 of the | 1076 |
Revised Code. Upon the request of a person who wishes to obtain a | 1077 |
concealed handgun license with respect to which this section | 1078 |
applies or to renew a concealed handgun license with respect to | 1079 |
which this section applies, a sheriff, as provided in division (I) | 1080 |
of this section, shall provide to the person free of charge an | 1081 |
application form and the web site address at which the pamphlet | 1082 |
described in division (B) of section 109.731 of the Revised Code | 1083 |
may be found. A sheriff shall accept a completed application form | 1084 |
and the fee, items, materials, and information specified in | 1085 |
divisions (B)(1) to (5) of this section at the times and in the | 1086 |
manners described in division (I) of this section. | 1087 |
(c) A sheriff shall waive the payment of the license fee | 1104 |
described in division (B)(1)(a) of this section in connection with | 1105 |
an initial or renewal application for a license that is submitted | 1106 |
by an applicant who is a retired peace officer, a retired person | 1107 |
described in division (B)(1)(b) of section 109.77 of the Revised | 1108 |
Code, or a retired federal law enforcement officer who, prior to | 1109 |
retirement, was authorized under federal law to carry a firearm in | 1110 |
the course of duty, unless the retired peace officer, person, or | 1111 |
federal law enforcement officer retired as the result of a mental | 1112 |
disability. | 1113 |
(3) One or more of the following competency certifications, | 1121 |
each of which shall reflect that, regarding a certification | 1122 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 1123 |
section, within the three years immediately preceding the | 1124 |
application the applicant has performed that to which the | 1125 |
competency certification relates and that, regarding a | 1126 |
certification described in division (B)(3)(d) of this section, the | 1127 |
applicant currently is an active or reserve member of the armed | 1128 |
forces of the United States or within the six years immediately | 1129 |
preceding the application the honorable discharge or retirement to | 1130 |
which the competency certification relates occurred: | 1131 |
(c) An original or photocopy of a certificate of completion | 1157 |
of a state, county, municipal, or department of natural resources | 1158 |
peace officer training school that is approved by the executive | 1159 |
director of the Ohio peace officer training commission pursuant to | 1160 |
section 109.75 of the Revised Code and that complies with the | 1161 |
requirements set forth in division (G) of this section, or the | 1162 |
applicant has satisfactorily completed and been issued a | 1163 |
certificate of completion of a basic firearms training program, a | 1164 |
firearms requalification training program, or another basic | 1165 |
training program described in section 109.78 or 109.801 of the | 1166 |
Revised Code that complies with the requirements set forth in | 1167 |
division (G) of this section; | 1168 |
(e) A certificate or another similar document that evidences | 1185 |
satisfactory completion of a firearms training, safety, or | 1186 |
requalification or firearms safety instructor course, class, or | 1187 |
program that is not otherwise described in division (B)(3)(a), | 1188 |
(b), (c), or (d) of this section, that was conducted by an | 1189 |
instructor who was certified by an official or entity of the | 1190 |
government of this or another state or the United States or by the | 1191 |
national rifle association, and that complies with the | 1192 |
requirements set forth in division (G) of this section; | 1193 |
(D)(1) Except as provided in division (D)(3) or (4) of this | 1218 |
section, within forty-five days after a sheriff's receipt of an | 1219 |
applicant's completed application form for a concealed handgun | 1220 |
license under this section, the supporting documentation, and, if | 1221 |
not waived, the license fee, the sheriff shall make available | 1222 |
through the law enforcement automated data system in accordance | 1223 |
with division (H) of this section the information described in | 1224 |
that division and, upon making the information available through | 1225 |
the system, shall issue to the applicant a concealed handgun | 1226 |
license that shall expire as described in division (D)(2)(a) of | 1227 |
this section if all of the following apply: | 1228 |
(i) If a person is absent from the United States, from this | 1235 |
state, or from a particular county in this state in compliance | 1236 |
with military or naval orders as an active or reserve member of | 1237 |
the armed forces of the United States and if prior to leaving this | 1238 |
state in compliance with those orders the person was legally | 1239 |
living in the United States and was a resident of this state, the | 1240 |
person, solely by reason of that absence, shall not be considered | 1241 |
to have lost the person's status as living in the United States or | 1242 |
the person's residence in this state or in the county in which the | 1243 |
person was a resident prior to leaving this state in compliance | 1244 |
with those orders, without regard to whether or not the person | 1245 |
intends to return to this state or to that county, shall not be | 1246 |
considered to have acquired a residence in any other state, and | 1247 |
shall not be considered to have become a resident of any other | 1248 |
state. | 1249 |
(ii) If a person is present in this state in compliance with | 1250 |
military or naval orders as an active or reserve member of the | 1251 |
armed forces of the United States for at least forty-five days, | 1252 |
the person shall be considered to have been a resident of this | 1253 |
state for that period of at least forty-five days, and, if a | 1254 |
person is present in a county of this state in compliance with | 1255 |
military or naval orders as an active or reserve member of the | 1256 |
armed forces of the United States for at least thirty days, the | 1257 |
person shall be considered to have been a resident of that county | 1258 |
for that period of at least thirty days. | 1259 |
(e) Except as otherwise provided in division (D)(5) of this | 1268 |
section, the applicant has not been convicted of or pleaded guilty | 1269 |
to a felony or an offense under Chapter 2925., 3719., or 4729. of | 1270 |
the Revised Code that involves the illegal possession, use, sale, | 1271 |
administration, or distribution of or trafficking in a drug of | 1272 |
abuse; has not been adjudicated a delinquent child for committing | 1273 |
an act that if committed by an adult would be a felony or would be | 1274 |
an offense under Chapter 2925., 3719., or 4729. of the Revised | 1275 |
Code that involves the illegal possession, use, sale, | 1276 |
administration, or distribution of or trafficking in a drug of | 1277 |
abuse; and has not been convicted of, pleaded guilty to, or | 1278 |
adjudicated a delinquent child for committing a violation of | 1279 |
section 2903.13 of the Revised Code when the victim of the | 1280 |
violation is a peace officer, regardless of whether the applicant | 1281 |
was sentenced under division (C)(4) of that section. | 1282 |
(f) Except as otherwise provided in division (D)(5) of this | 1283 |
section, the applicant, within three years of the date of the | 1284 |
application, has not been convicted of or pleaded guilty to a | 1285 |
misdemeanor offense of violence other than a misdemeanor violation | 1286 |
of section 2921.33 of the Revised Code or a violation of section | 1287 |
2903.13 of the Revised Code when the victim of the violation is a | 1288 |
peace officer, or a misdemeanor violation of section 2923.1211 of | 1289 |
the Revised Code; and has not been adjudicated a delinquent child | 1290 |
for committing an act that if committed by an adult would be a | 1291 |
misdemeanor offense of violence other than a misdemeanor violation | 1292 |
of section 2921.33 of the Revised Code or a violation of section | 1293 |
2903.13 of the Revised Code when the victim of the violation is a | 1294 |
peace officer or for committing an act that if committed by an | 1295 |
adult would be a misdemeanor violation of section 2923.1211 of the | 1296 |
Revised Code. | 1297 |
(m) The applicant currently is not subject to a suspension | 1330 |
imposed under division (A)(2) of section 2923.128 of the Revised | 1331 |
Code of a concealed handgun license that previously was issued to | 1332 |
the applicant under this section or section 2923.1213 of the | 1333 |
Revised Code, has not been convicted of or pleaded guilty to a | 1334 |
misdemeanor violation of division (B)(1) or (2) of section 2923.12 | 1335 |
or division (E)(1), (2), or (3) of section 2923.16 of the Revised | 1336 |
Code within one year of the date of the application, and has not | 1337 |
been convicted of or pleaded guilty to a misdemeanor violation of | 1338 |
division (B)(4) of section 2923.12 or division (E)(5) of section | 1339 |
2923.16 of the Revised Code within two years of the date of the | 1340 |
application. | 1341 |
(b) If a sheriff denies an application under this section | 1350 |
because the applicant does not satisfy the criteria described in | 1351 |
division (D)(1) of this section, the sheriff shall specify the | 1352 |
grounds for the denial in a written notice to the applicant. The | 1353 |
applicant may appeal the denial pursuant to section 119.12 of the | 1354 |
Revised Code in the county served by the sheriff who denied the | 1355 |
application. If the denial was as a result of the criminal records | 1356 |
check conducted pursuant to section 311.41 of the Revised Code and | 1357 |
if, pursuant to section 2923.127 of the Revised Code, the | 1358 |
applicant challenges the criminal records check results using the | 1359 |
appropriate challenge and review procedure specified in that | 1360 |
section, the time for filing the appeal pursuant to section 119.12 | 1361 |
of the Revised Code and this division is tolled during the | 1362 |
pendency of the request or the challenge and review. If the court | 1363 |
in an appeal under section 119.12 of the Revised Code and this | 1364 |
division enters a judgment sustaining the sheriff's refusal to | 1365 |
grant to the applicant a concealed handgun license, the applicant | 1366 |
may file a new application beginning one year after the judgment | 1367 |
is entered. If the court enters a judgment in favor of the | 1368 |
applicant, that judgment shall not restrict the authority of a | 1369 |
sheriff to suspend or revoke the license pursuant to section | 1370 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 1371 |
the license for any proper cause that may occur after the date the | 1372 |
judgment is entered. In the appeal, the court shall have full | 1373 |
power to dispose of all costs. | 1374 |
(5) If an applicant has been convicted of or pleaded guilty | 1389 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 1390 |
this section or has been adjudicated a delinquent child for | 1391 |
committing an act or violation identified in any of those | 1392 |
divisions, and if a court has ordered the sealing or expungement | 1393 |
of the records of that conviction, guilty plea, or adjudication | 1394 |
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to | 1395 |
2953.36, or section 2953.37 of the Revised Code or a court has | 1396 |
granted the applicant relief pursuant to section 2923.14 of the | 1397 |
Revised Code from the disability imposed pursuant to section | 1398 |
2923.13 of the Revised Code relative to that conviction, guilty | 1399 |
plea, or adjudication, the sheriff with whom the application was | 1400 |
submitted shall not consider the conviction, guilty plea, or | 1401 |
adjudication in making a determination under division (D)(1) or | 1402 |
(F) of this section or, in relation to an application for a | 1403 |
concealed handgun license on a temporary emergency basis submitted | 1404 |
under section 2923.1213 of the Revised Code, in making a | 1405 |
determination under division (B)(2) of that section. | 1406 |
(F)(1) A licensee who wishes to renew a concealed handgun | 1416 |
license issued under this section shall do so not earlier than | 1417 |
ninety days before the expiration date of the license or at any | 1418 |
time after the expiration date of the license by filing with the | 1419 |
sheriff of the county in which the applicant resides or with the | 1420 |
sheriff of an adjacent county an application for renewal of the | 1421 |
license obtained pursuant to division (D) of this section, a | 1422 |
certification by the applicant that, subsequent to the issuance of | 1423 |
the license, the applicant has reread the pamphlet prepared by the | 1424 |
Ohio peace officer training commission pursuant to section 109.731 | 1425 |
of the Revised Code that reviews firearms, dispute resolution, and | 1426 |
use of deadly force matters, and a nonrefundable license renewal | 1427 |
fee in an amount determined pursuant to division (F)(4) of this | 1428 |
section unless the fee is waived. | 1429 |
(2) A sheriff shall accept a completed renewal application, | 1430 |
the license renewal fee, and the information specified in division | 1431 |
(F)(1) of this section at the times and in the manners described | 1432 |
in division (I) of this section. Upon receipt of a completed | 1433 |
renewal application, of certification that the applicant has | 1434 |
reread the specified pamphlet prepared by the Ohio peace officer | 1435 |
training commission, and of a license renewal fee unless the fee | 1436 |
is waived, a sheriff, in the manner specified in section 311.41 of | 1437 |
the Revised Code shall conduct or cause to be conducted the | 1438 |
criminal records check and the incompetency records check | 1439 |
described in section 311.41 of the Revised Code. The sheriff shall | 1440 |
renew the license if the sheriff determines that the applicant | 1441 |
continues to satisfy the requirements described in division (D)(1) | 1442 |
of this section, except that the applicant is not required to meet | 1443 |
the requirements of division (D)(1)(l) of this section. A renewed | 1444 |
license shall expire five years after the date of issuance. A | 1445 |
renewed license is subject to division (E) of this section and | 1446 |
sections 2923.126 and 2923.128 of the Revised Code. A sheriff | 1447 |
shall comply with divisions (D)(2) to (4) of this section when the | 1448 |
circumstances described in those divisions apply to a requested | 1449 |
license renewal. If a sheriff denies the renewal of a concealed | 1450 |
handgun license, the applicant may appeal the denial, or challenge | 1451 |
the criminal record check results that were the basis of the | 1452 |
denial if applicable, in the same manner as specified in division | 1453 |
(D)(2)(b) of this section and in section 2923.127 of the Revised | 1454 |
Code, regarding the denial of a license under this section. | 1455 |
(G)(1) Each course, class, or program described in division | 1478 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 1479 |
person who takes the course, class, or program the web site | 1480 |
address at which the pamphlet prepared by the Ohio peace officer | 1481 |
training commission pursuant to section 109.731 of the Revised | 1482 |
Code that reviews firearms, dispute resolution, and use of deadly | 1483 |
force matters may be found. Each such course, class, or program | 1484 |
described in one of those divisions shall include at least twelve | 1485 |
hours of training in the safe handling and use of a firearm that | 1486 |
shall include all of the following: | 1487 |
(H) Upon deciding to issue a concealed handgun license, | 1523 |
deciding to issue a replacement concealed handgun license, or | 1524 |
deciding to renew a concealed handgun license pursuant to this | 1525 |
section, and before actually issuing or renewing the license, the | 1526 |
sheriff shall make available through the law enforcement automated | 1527 |
data system all information contained on the license. If the | 1528 |
license subsequently is suspended under division (A)(1) or (2) of | 1529 |
section 2923.128 of the Revised Code, revoked pursuant to division | 1530 |
(B)(1) of section 2923.128 of the Revised Code, or lost or | 1531 |
destroyed, the sheriff also shall make available through the law | 1532 |
enforcement automated data system a notation of that fact. The | 1533 |
superintendent of the state highway patrol shall ensure that the | 1534 |
law enforcement automated data system is so configured as to | 1535 |
permit the transmission through the system of the information | 1536 |
specified in this division. | 1537 |
(I) A sheriff shall accept a completed application form or | 1538 |
renewal application, and the fee, items, materials, and | 1539 |
information specified in divisions (B)(1) to (5) or division (F) | 1540 |
of this section, whichever is applicable, and shall provide an | 1541 |
application form or renewal application to any person during at | 1542 |
least fifteen hours a week and shall provide the web site address | 1543 |
at which the pamphlet described in division (B) of section 109.731 | 1544 |
of the Revised Code may be found at any time, upon request. The | 1545 |
sheriff shall post notice of the hours during which the sheriff is | 1546 |
available to accept or provide the information described in this | 1547 |
division. | 1548 |
Sec. 2923.126. (A) A concealed handgun license that is | 1549 |
issued under section 2923.125 of the Revised Code shall expire | 1550 |
five years after the date of issuance. A licensee who has been | 1551 |
issued a license under that section shall be granted a grace | 1552 |
period of thirty days after the licensee's license expires during | 1553 |
which the licensee's license remains valid. Except as provided in | 1554 |
divisions (B) and (C) of this section, a licensee who has been | 1555 |
issued a concealed handgun license under section 2923.125 or | 1556 |
2923.1213 of the Revised Code, regardless of whether the license | 1557 |
was issued prior to, on, or after the effective date of this | 1558 |
amendment, may carry a concealed handgunfirearm that is not a | 1559 |
restricted firearm anywhere in this state if the licensee also | 1560 |
carries a valid license and valid identification when the licensee | 1561 |
is in actual possession of athe concealed handgunfirearm. TheA | 1562 |
licensee who has been issued a concealed handgun license under | 1563 |
section 2923.125 or 2923.1213 of the Revised Code shall give | 1564 |
notice of any change in the licensee's residence address to the | 1565 |
sheriff who issued the license within forty-five days after that | 1566 |
change. | 1567 |
If a licensee or a person who is deemed under division (C) of | 1568 |
section 2923.111 of the Revised Code to have been issued a | 1569 |
concealed handgun license under section 2923.125 of the Revised | 1570 |
Code is the driver or an occupant of a motor vehicle that is | 1571 |
stopped as the result of a traffic stop or a stop for another law | 1572 |
enforcement purpose and if the licensee or person is transporting | 1573 |
or has a loaded handgunfirearm that is not a restricted firearm | 1574 |
in the motor vehicle at that time, the licensee or person shall | 1575 |
promptly inform any law enforcement officer who approaches the | 1576 |
vehicle while stopped that the licensee has been issued a | 1577 |
concealed handgun license and that the licensee or person | 1578 |
currently possesses or has a loaded handgunfirearm; the licensee | 1579 |
or person shall not knowingly disregard or fail to comply with | 1580 |
lawful orders of a law enforcement officer given while the motor | 1581 |
vehicle is stopped, knowingly fail to remain in the motor vehicle | 1582 |
while stopped, or knowingly fail to keep the licensee's or | 1583 |
person's hands in plain sight after any law enforcement officer | 1584 |
begins approaching the licensee or person while stopped and before | 1585 |
the officer leaves, unless directed otherwise by a law enforcement | 1586 |
officer; and the licensee or person shall not knowingly have | 1587 |
contact with the loaded handgunfirearm by touching it with the | 1588 |
licensee's or person's hands or fingers, in any manner in | 1589 |
violation of division (E) of section 2923.16 of the Revised Code, | 1590 |
after any law enforcement officer begins approaching the licensee | 1591 |
or person while stopped and before the officer leaves. | 1592 |
Additionally, if a licensee or a person who is deemed under | 1593 |
division (C) of section 2923.111 of the Revised Code to have been | 1594 |
issued a concealed handgun license under section 2923.125 of the | 1595 |
Revised Code is the driver or an occupant of a commercial motor | 1596 |
vehicle that is stopped by an employee of the motor carrier | 1597 |
enforcement unit for the purposes defined in section 5503.04 of | 1598 |
the Revised Code and if the licensee or person is transporting or | 1599 |
has a loaded handgunfirearm that is not a restricted firearm in | 1600 |
the commercial motor vehicle at that time, the licensee or person | 1601 |
shall promptly inform the employee of the unit who approaches the | 1602 |
vehicle while stopped that the licensee has been issued a | 1603 |
concealed handgun license and that the licensee or person | 1604 |
currently possesses or has a loaded
handgunfirearm. | 1605 |
If a licensee or a person who is deemed under division (C) of | 1606 |
section 2923.111 of the Revised Code to have been issued a | 1607 |
concealed handgun license under section 2923.125 of the Revised | 1608 |
Code is stopped for a law enforcement purpose and if the licensee | 1609 |
or person is carrying a concealed handgunfirearm that is not a | 1610 |
restricted firearm at the time the officer approaches, the | 1611 |
licensee or person shall promptly inform any law enforcement | 1612 |
officer who approaches the licensee while stopped that the | 1613 |
licensee has been issued a concealed handgun license and that the | 1614 |
licensee or person currently is carrying a concealed handgun | 1615 |
firearm; the licensee or person shall not knowingly disregard or | 1616 |
fail to comply with lawful orders of a law enforcement officer | 1617 |
given while the licensee or person is stopped or knowingly fail to | 1618 |
keep the licensee's or person's hands in plain sight after any law | 1619 |
enforcement officer begins approaching the licensee or person | 1620 |
while stopped and before the officer leaves, unless directed | 1621 |
otherwise by a law enforcement officer; and the licensee or person | 1622 |
shall not knowingly remove, attempt to remove, grasp, or hold the | 1623 |
loaded handgunfirearm or knowingly have contact with the loaded | 1624 |
handgunfirearm by touching it with the licensee's or person's | 1625 |
hands or fingers, in any manner in violation of division (B) of | 1626 |
section 2923.12 of the Revised Code, after any law enforcement | 1627 |
officer begins approaching the licensee
or person while stopped | 1628 |
and before the officer leaves. | 1629 |
(B) A validThe right to carry a concealed firearm that is | 1630 |
granted under division (A) of this section to a licensee who has | 1631 |
been issued a concealed handgun license or that is granted under | 1632 |
division (A) of section 2923.111 of the Revised Code to a licensee | 1633 |
who is deemed under division (C) of that section to have been | 1634 |
issued a concealed handgun license under section 2923.125 of the | 1635 |
Revised Code does not authorize the licensee to carry any | 1636 |
restricted firearm, does not authorize the licensee to carry a | 1637 |
firearm or a concealed handgunfirearm in any manner prohibited | 1638 |
under division (B) of section 2923.12 of the Revised Code or in | 1639 |
any manner prohibited under section 1547.69, 2921.36, 2923.12, | 1640 |
2923.121, 2923.122, 2923.123, 2923.13, 2923.131, 2923.15, or | 1641 |
2923.16 of the Revised Code. A valid licenseand does not | 1642 |
authorize the licensee to carry a concealed
handgunfirearm into | 1643 |
any of the following places: | 1644 |
(1) A police station, sheriff's office, or state highway | 1645 |
patrol station, premises controlled by the bureau of criminal | 1646 |
identification and investigation, a state correctional | 1647 |
institution, jail, workhouse, or other detention facility, an | 1648 |
airport passenger terminal, or an institution that is maintained, | 1649 |
operated, managed, and governed pursuant to division (A) of | 1650 |
section 5119.14 of the Revised Code or division (A)(1) of section | 1651 |
5123.03 of the Revised Code; | 1652 |
(7) A child day-care center, a type A family day-care home, a | 1671 |
type B family day-care home, or a type C family day-care home, | 1672 |
except that this division does not prohibit a licensee who resides | 1673 |
in a type A family day-care home, a type B family day-care home, | 1674 |
or a type C family day-care home from carrying a concealed handgun | 1675 |
firearm at any time in any part of the home that is not dedicated | 1676 |
or used for day-care purposes, or from carrying a concealed | 1677 |
handgunfirearm in a part of the home that is dedicated or used | 1678 |
for day-care purposes at any time during which no children, other | 1679 |
than children of that licensee, are in the home; | 1680 |
(C)(1) Nothing in this section or section 2923.111 of the | 1693 |
Revised Code shall negate or restrict a rule, policy, or practice | 1694 |
of a private employer that is not a private college, university, | 1695 |
or other institution of higher education concerning or prohibiting | 1696 |
the presence of firearms on the private employer's premises or | 1697 |
property, including motor vehicles owned by the private employer. | 1698 |
Nothing in this section or section 2923.111 of the Revised Code | 1699 |
shall require a private employer of that nature to adopt a rule, | 1700 |
policy, or practice concerning or prohibiting the presence of | 1701 |
firearms on the private employer's premises or property, including | 1702 |
motor vehicles owned by the private employer. | 1703 |
(2)(a) A private employer shall be immune from liability in a | 1704 |
civil action for any injury, death, or loss to person or property | 1705 |
that allegedly was caused by or related to a licensee bringing a | 1706 |
handgunfirearm onto the premises or property of the private | 1707 |
employer, including motor vehicles owned by the private employer, | 1708 |
unless the private employer acted with malicious purpose. A | 1709 |
private employer is immune from liability in a civil action for | 1710 |
any injury, death, or loss to person or property that allegedly | 1711 |
was caused by or related to the private employer's decision to | 1712 |
permit a licensee to bring, or prohibit a licensee from bringing, | 1713 |
a handgunfirearm onto the premises or property of the private | 1714 |
employer. As used in this division, "private employer" includes a | 1715 |
private college, university, or other institution of higher | 1716 |
education. | 1717 |
(b) A political subdivision shall be immune from liability in | 1718 |
a civil action, to the extent and in the manner provided in | 1719 |
Chapter 2744. of the Revised Code, for any injury, death, or loss | 1720 |
to person or property that allegedly was caused by or related to a | 1721 |
licensee bringing a handgunfirearm onto any premises or property | 1722 |
owned, leased, or otherwise under the control of the political | 1723 |
subdivision. As used in this division, "political subdivision" has | 1724 |
the same meaning as in section 2744.01 of the Revised Code. | 1725 |
(3)(a) Except as provided in division (C)(3)(b) of this | 1726 |
section, the owner or person in control of private land or | 1727 |
premises, and a private person or entity leasing land or premises | 1728 |
owned by the state, the United States, or a political subdivision | 1729 |
of the state or the United States, may post a sign in a | 1730 |
conspicuous location on that land or on those premises prohibiting | 1731 |
persons from carrying firearms or concealed firearms on or onto | 1732 |
that land or those premises. Except as otherwise provided in this | 1733 |
division, a person who knowingly violates a posted prohibition of | 1734 |
that nature is guilty of criminal trespass in violation of | 1735 |
division (A)(4) of section 2911.21 of the Revised Code and is | 1736 |
guilty of a misdemeanor of the fourth degree. If a person | 1737 |
knowingly violates a posted prohibition of that nature and the | 1738 |
posted land or premises primarily was a parking lot or other | 1739 |
parking facility, the person is not guilty of criminal trespass in | 1740 |
violation of division (A)(4) of section 2911.21 of the Revised | 1741 |
Code and instead is subject only to a civil cause of action for | 1742 |
trespass based on the violation. | 1743 |
(b) A landlord may not prohibit or restrict a tenant who is a | 1744 |
licensee and who on or after September 9, 2008, enters into a | 1745 |
rental agreement with the landlord for the use of residential | 1746 |
premises, and the tenant's guest while the tenant is present, from | 1747 |
lawfully carrying or possessing a handgun on those residential | 1748 |
premises.
A landlord may not prohibit or restrict a tenant who is | 1749 |
a licensee and who on or after the effective date of this | 1750 |
amendment enters into a rental agreement with the landlord for the | 1751 |
use of residential premises and the tenant's guest while the | 1752 |
tenant is present from lawfully carrying or possessing a firearm | 1753 |
that is not a restricted firearm on those premises. | 1754 |
(D) A person who holds a concealed handgun license issued by | 1762 |
another state that is recognized by the attorney general pursuant | 1763 |
to a reciprocity agreement entered into pursuant to section 109.69 | 1764 |
of the Revised Code and a person who is deemed under division (C) | 1765 |
of section 2923.111 of the Revised Code to have been issued a | 1766 |
concealed handgun license under section 2923.125 of the Revised | 1767 |
Code has the same right to carry a concealed
handgunfirearm that | 1768 |
is not a restricted firearm in this state as a person who was | 1769 |
issued a concealed handgun license under section 2923.125 of the | 1770 |
Revised Code and is subject to the same restrictions that apply to | 1771 |
a person who carries a license issued under that section. | 1772 |
(F)(1) A qualified retired peace officer who possesses a | 1780 |
retired peace officer identification card issued pursuant to | 1781 |
division (F)(2) of this section and a valid firearms | 1782 |
requalification certification issued pursuant to division (F)(3) | 1783 |
of this section has the same right to carry a concealed handgun | 1784 |
firearm that is not a restricted firearm in this state as a person | 1785 |
who was issued a concealed handgun license under section 2923.125 | 1786 |
of the Revised Code and is subject to the same restrictions that | 1787 |
apply to a person who carries a license issued under that section. | 1788 |
For purposes of reciprocity with other states, a qualified retired | 1789 |
peace officer who possesses a retired peace officer identification | 1790 |
card issued pursuant to division (F)(2) of this section and a | 1791 |
valid firearms requalification certification issued pursuant to | 1792 |
division (F)(3) of this section shall be considered to be a | 1793 |
licensee in this state who has been issued such a license under | 1794 |
that section. | 1795 |
(b) A retired peace officer identification card issued to a | 1821 |
person under division (F)(2)(a) of this section shall identify the | 1822 |
person by name, contain a photograph of the person, identify the | 1823 |
public agency of this state or of the political subdivision of | 1824 |
this state from which the person retired as a peace officer and | 1825 |
that is issuing the identification card, and specify that the | 1826 |
person retired in good standing from service as a peace officer | 1827 |
with the issuing public agency and satisfies the criteria set | 1828 |
forth in divisions (F)(2)(a)(i) to (iv) of this section. In | 1829 |
addition to the required content specified in this division, a | 1830 |
retired peace officer identification card issued to a person under | 1831 |
division (F)(2)(a) of this section may include the firearms | 1832 |
requalification certification described in division (F)(3) of this | 1833 |
section, and if the identification card includes that | 1834 |
certification, the identification card shall serve as the firearms | 1835 |
requalification certification for the retired peace officer. If | 1836 |
the issuing public agency issues credentials to active law | 1837 |
enforcement officers who serve the agency, the agency may comply | 1838 |
with division (F)(2)(a) of this section by issuing the same | 1839 |
credentials to persons who retired from service as a peace officer | 1840 |
with the agency and who satisfy the criteria set forth in | 1841 |
divisions (F)(2)(a)(i) to (iv) of this section, provided that the | 1842 |
credentials so issued to retired peace officers are stamped with | 1843 |
the word "RETIRED." | 1844 |
If a retired peace officer who satisfies the criteria set | 1859 |
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a | 1860 |
firearms requalification program that is approved for purposes of | 1861 |
firearms requalification required under section 109.801 of the | 1862 |
Revised Code, the retired peace officer's successful completion of | 1863 |
the firearms requalification program requalifies the retired peace | 1864 |
officer for purposes of division (F) of this section for five | 1865 |
years from the date on which the program was successfully | 1866 |
completed, and the requalification is valid during that five-year | 1867 |
period. If a retired peace officer who satisfies the criteria set | 1868 |
forth in divisions (F)(2)(a)(i) to (iv) of this section | 1869 |
satisfactorily completes such a firearms requalification program, | 1870 |
the retired peace officer shall be issued a firearms | 1871 |
requalification certification that identifies the retired peace | 1872 |
officer by name, identifies the entity that taught the program, | 1873 |
specifies that the retired peace officer successfully completed | 1874 |
the program, specifies the date on which the course was | 1875 |
successfully completed, and specifies that the requalification is | 1876 |
valid for five years from that date of successful completion. The | 1877 |
firearms requalification certification for a retired peace officer | 1878 |
may be included in the retired peace officer identification card | 1879 |
issued to the retired peace officer under division (F)(2) of this | 1880 |
section. | 1881 |
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid | 1909 |
concealed handgun license is arrested for or otherwise charged | 1910 |
with an offense described in division (D)(1)(d) of section | 1911 |
2923.125 of the Revised Code or with a violation of section | 1912 |
2923.15 of the Revised Code or becomes subject to a temporary | 1913 |
protection order or to a protection order issued by a court of | 1914 |
another state that is substantially equivalent to a temporary | 1915 |
protection order, the sheriff who issued the license shall suspend | 1916 |
it and shall comply with division (A)(3) of this section upon | 1917 |
becoming aware of the arrest, charge, or protection order. Upon | 1918 |
suspending the license, the sheriff also shall comply with | 1919 |
division (H) of section 2923.125 of the Revised Code. | 1920 |
(b) A suspension under division (A)(1)(a) of this section | 1921 |
shall be considered as beginning on the date that the licensee is | 1922 |
arrested for or otherwise charged with an offense described in | 1923 |
that division or on the date the appropriate court issued the | 1924 |
protection order described in that division, irrespective of when | 1925 |
the sheriff notifies the licensee under division (A)(3) of this | 1926 |
section. The suspension shall end on the date on which the charges | 1927 |
are dismissed or the licensee is found not guilty of the offense | 1928 |
described in division (A)(1)(a) of this section or, subject to | 1929 |
division (B) of this section, on the date the appropriate court | 1930 |
terminates the protection order described in that division. If the | 1931 |
suspension so ends, the sheriff shall return the license or | 1932 |
temporary emergency license to the licensee. | 1933 |
(2)(a) If a licensee holding a valid concealed handgun | 1934 |
license is convicted of or pleads guilty to a misdemeanor | 1935 |
violation of division (B)(1), (2), or (4) of section 2923.12 of | 1936 |
the Revised Code or of division (E)(1), (2), (3), or (5) of | 1937 |
section 2923.16 of the Revised Code, except as provided in | 1938 |
division (A)(2)(c) of this section and subject to division (C) of | 1939 |
this section, the sheriff who issued the license shall suspend it | 1940 |
and shall comply with division (A)(3) of this section upon | 1941 |
becoming aware of the conviction or guilty plea. Upon suspending | 1942 |
the license, the sheriff also shall comply with division (H) of | 1943 |
section 2923.125 of the Revised Code. | 1944 |
(b) A suspension under division (A)(2)(a) of this section | 1945 |
shall be considered as beginning on the date that the licensee is | 1946 |
convicted of or pleads guilty to the offense described in that | 1947 |
division, irrespective of when the sheriff notifies the licensee | 1948 |
under division (A)(3) of this section. If the suspension is | 1949 |
imposed for a misdemeanor violation of division (B)(1) or (2) of | 1950 |
section 2923.12 of the Revised Code or of division (E)(1), (2), or | 1951 |
(3) of section 2923.16 of the Revised Code, it shall end on the | 1952 |
date that is one year after the date that the licensee is | 1953 |
convicted of or pleads guilty to that violation. If the suspension | 1954 |
is imposed for a misdemeanor violation of division (B)(4) of | 1955 |
section 2923.12 of the Revised Code or of division (E)(5) of | 1956 |
section 2923.16 of the Revised Code, it shall end on the date that | 1957 |
is two years after the date that the licensee is convicted of or | 1958 |
pleads guilty to that violation. If the licensee's license was | 1959 |
issued under section 2923.125 of the Revised Code and the license | 1960 |
remains valid after the suspension ends as described in this | 1961 |
division, when the suspension ends, the sheriff shall return the | 1962 |
license to the licensee. If the licensee's license was issued | 1963 |
under section 2923.125 of the Revised Code and the license expires | 1964 |
before the suspension ends as described in this division, or if | 1965 |
the licensee's license was issued under section 2923.1213 of the | 1966 |
Revised Code, the licensee is not eligible to apply for a new | 1967 |
license under section 2923.125 or 2923.1213 of the Revised Code or | 1968 |
to renew the license under section 2923.125 of the Revised Code | 1969 |
until after the suspension ends as described in this division. | 1970 |
(c) The license of a licensee who is convicted of or pleads | 1971 |
guilty to a violation of division (B)(1) of section 2923.12 or | 1972 |
division (E)(1) or (2) of section 2923.16 of the Revised Code | 1973 |
shall not be suspended pursuant to division (A)(2)(a) of this | 1974 |
section if, at the time of the stop of the licensee for a law | 1975 |
enforcement purpose, for a traffic stop, or for a purpose defined | 1976 |
in section 5503.34 of the Revised Code that was the basis of the | 1977 |
violation, any law enforcement officer involved with the stop or | 1978 |
the employee of the motor carrier enforcement unit who made the | 1979 |
stop had actual knowledge of the licensee's status as a licensee. | 1980 |
(3) Upon becoming aware of an arrest, charge, or protection | 1981 |
order described in division (A)(1)(a) of this section with respect | 1982 |
to a licensee who was issued a concealed handgun license, or a | 1983 |
conviction of or plea of guilty to a misdemeanor offense described | 1984 |
in division (A)(2)(a) of this section with respect to a licensee | 1985 |
who was issued a concealed handgun license and with respect to | 1986 |
which division (A)(2)(c) of this section does not apply, subject | 1987 |
to division (C) of this section, the sheriff who issued the | 1988 |
licensee's license shall notify the licensee, by certified mail, | 1989 |
return receipt requested, at the licensee's last known residence | 1990 |
address that the license has been suspended and that the licensee | 1991 |
is required to surrender the license at the sheriff's office | 1992 |
within ten days of the date on which the notice was mailed. If the | 1993 |
suspension is pursuant to division (A)(2) of this section, the | 1994 |
notice shall identify the date on which the suspension ends. | 1995 |
(2) Upon becoming aware of any circumstance listed in | 2030 |
division (B)(1) of this section that applies to a particular | 2031 |
licensee who was issued a concealed handgun license, subject to | 2032 |
division (C) of this section, the sheriff who issued the license | 2033 |
to the licensee shall notify the licensee, by certified mail, | 2034 |
return receipt requested, at the licensee's last known residence | 2035 |
address that the license is subject to revocation and that the | 2036 |
licensee may come to the sheriff's office and contest the | 2037 |
sheriff's proposed revocation within fourteen days of the date on | 2038 |
which the notice was mailed. After the fourteen-day period and | 2039 |
after consideration of any information that the licensee provides | 2040 |
during that period, if the sheriff determines on the basis of the | 2041 |
information of which the sheriff is aware that the licensee is | 2042 |
described in division (B)(1) of this section and no longer | 2043 |
satisfies the requirements described in division (D)(1) of section | 2044 |
2923.125 of the Revised Code that are applicable to the licensee's | 2045 |
type of license, the sheriff shall revoke the license, notify the | 2046 |
licensee of that fact, and require the licensee to surrender the | 2047 |
license. Upon revoking the license, the sheriff also shall comply | 2048 |
with division (H) of section 2923.125 of the Revised Code. | 2049 |
(C) If a sheriff who issues a concealed handgun license to a | 2050 |
licensee becomes aware that at the time of the issuance of the | 2051 |
license the licensee had been convicted of or pleaded guilty to an | 2052 |
offense identified in division (D)(1)(e), (f), or (h) of section | 2053 |
2923.125 of the Revised Code or had been adjudicated a delinquent | 2054 |
child for committing an act or violation identified in any of | 2055 |
those divisions or becomes aware that on or after the date on | 2056 |
which the license was issued the licensee has been convicted of or | 2057 |
pleaded guilty to an offense identified in division (A)(2)(a) or | 2058 |
(B)(1)(c) of this section, the sheriff shall not consider that | 2059 |
conviction, guilty plea, or adjudication as having occurred for | 2060 |
purposes of divisions (A)(2), (A)(3), (B)(1), and (B)(2) of this | 2061 |
section if a court has ordered the sealing or expungement of the | 2062 |
records of that conviction, guilty plea, or adjudication pursuant | 2063 |
to sections 2151.355 to 2151.358 or sections 2953.31 to 2953.36 of | 2064 |
the Revised Code or a court has granted the licensee relief | 2065 |
pursuant to section 2923.14 of the Revised Code from the | 2066 |
disability imposed pursuant to section 2923.13 of the Revised Code | 2067 |
relative to that conviction, guilty plea, or adjudication. | 2068 |
Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the | 2071 |
bureau of criminal identification and investigation, the employees | 2072 |
of the bureau, the Ohio peace officer training commission, or the | 2073 |
employees of the commission make a good faith effort in performing | 2074 |
the duties imposed upon the sheriff, the superintendent, the | 2075 |
bureau's employees, the commission, or the commission's employees | 2076 |
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the | 2077 |
Revised Code, in addition to the personal immunity provided by | 2078 |
section 9.86 of the Revised Code or division (A)(6) of section | 2079 |
2744.03 of the Revised Code and the governmental immunity of | 2080 |
sections 2744.02 and 2744.03 of the Revised Code and in addition | 2081 |
to any other immunity possessed by the bureau, the commission, and | 2082 |
their employees, the sheriff, the sheriff's office, the county in | 2083 |
which the sheriff has jurisdiction, the bureau, the superintendent | 2084 |
of the bureau, the bureau's employees, the commission, and the | 2085 |
commission's employees are immune from liability in a civil action | 2086 |
for injury, death, or loss to person or property that allegedly | 2087 |
was caused by or related to any of the following: | 2088 |
(4) An entity that or instructor who, prior to the effective | 2118 |
date of this amendmentMarch 27, 2013, provides a renewed | 2119 |
competency certification of a type described in division (G)(4) of | 2120 |
section 2923.125 of the Revised Code as it existed prior to the | 2121 |
effective date of this amendmentMarch 27, 2013, is immune from | 2122 |
civil liability that might otherwise be incurred or imposed for | 2123 |
any death or any injury or loss to person or property that is | 2124 |
caused by or related to a person to whom the entity or instructor | 2125 |
has issued the renewed competency certificate if all of the | 2126 |
following apply: | 2127 |
(5) A law enforcement agency that employs a peace officer is | 2136 |
immune from liability in a civil action to recover damages for | 2137 |
injury, death, or loss to person or property allegedly caused by | 2138 |
any act of that peace officer if the act occurred while the peace | 2139 |
officer carried a concealed handgunfirearm and was off duty and | 2140 |
if the act allegedly involved the peace officer's use of the | 2141 |
concealed
handgunfirearm. Sections 9.86 and 9.87, and Chapter | 2142 |
2744., of the Revised Code apply to any civil action involving a | 2143 |
peace officer's use of a concealed handgunfirearm in the | 2144 |
performance of the peace officer's official duties while the peace | 2145 |
officer is off duty. | 2146 |
(B)(1) Notwithstanding section 149.43 of the Revised Code, | 2147 |
except as provided in division (B)(2) of this section, the records | 2148 |
that a sheriff keeps relative to the issuance, renewal, | 2149 |
suspension, or revocation of a concealed handgun license, | 2150 |
including, but not limited to, completed applications for the | 2151 |
issuance or renewal of a license, completed affidavits submitted | 2152 |
regarding an application for a license on a temporary emergency | 2153 |
basis, reports of criminal records checks and incompetency records | 2154 |
checks under section 311.41 of the Revised Code, and applicants' | 2155 |
social security numbers and fingerprints that are obtained under | 2156 |
division (A) of section 311.41 of the Revised Code, are | 2157 |
confidential and are not public records. Except as provided in | 2158 |
division (B)(2) of this section, no person shall release or | 2159 |
otherwise disseminate records that are confidential under this | 2160 |
division unless required to do so pursuant to a court order. | 2161 |
(2)(a) A journalist, on or after April 8, 2004, may submit to | 2162 |
a sheriff a signed, written request to view the name, county of | 2163 |
residence, and date of birth of each person to whom the sheriff | 2164 |
has issued, renewed, or issued a replacement for a concealed | 2165 |
handgun license, or a signed, written request to view the name, | 2166 |
county of residence, and date of birth of each person for whom the | 2167 |
sheriff has suspended or revoked a concealed handgun license. The | 2168 |
request shall include the journalist's name and title, shall | 2169 |
include the name and address of the journalist's employer, and | 2170 |
shall state that disclosure of the information sought would be in | 2171 |
the public interest. If a journalist submits a signed, written | 2172 |
request to the sheriff to view the information described in this | 2173 |
division, the sheriff shall grant the journalist's request. The | 2174 |
journalist shall not copy the name, county of residence, or date | 2175 |
of birth of each person to or for whom the sheriff has issued, | 2176 |
suspended, or revoked a license described in this division. | 2177 |
(b) As used in division (B)(2) of this section, "journalist" | 2178 |
means a person engaged in, connected with, or employed by any news | 2179 |
medium, including a newspaper, magazine, press association, news | 2180 |
agency, or wire service, a radio or television station, or a | 2181 |
similar medium, for the purpose of gathering, processing, | 2182 |
transmitting, compiling, editing, or disseminating information for | 2183 |
the general public. | 2184 |
(C) Each sheriff shall report to the Ohio peace officer | 2185 |
training commission the number of concealed handgun licenses that | 2186 |
the sheriff issued, renewed, suspended, revoked, or denied under | 2187 |
section 2923.125 of the Revised Code during the previous quarter | 2188 |
of the calendar year, the number of applications for those | 2189 |
licenses for which processing was suspended in accordance with | 2190 |
division (D)(3) of section 2923.125 of the Revised Code during the | 2191 |
previous quarter of the calendar year, and the number of concealed | 2192 |
handgun licenses on a temporary emergency basis that the sheriff | 2193 |
issued, suspended, revoked, or denied under section 2923.1213 of | 2194 |
the Revised Code during the previous quarter of the calendar year. | 2195 |
The sheriff shall not include in the report the name or any other | 2196 |
identifying information of an applicant or licensee. The sheriff | 2197 |
shall report that information in a manner that permits the | 2198 |
commission to maintain the statistics described in division (C) of | 2199 |
section 109.731 of the Revised Code and to timely prepare the | 2200 |
statistical report described in that division. The information | 2201 |
that is received by the commission under this division is a public | 2202 |
record kept by the commission for the purposes of section 149.43 | 2203 |
of the Revised Code. | 2204 |
(E) Whoever violates division (B) of this section is guilty | 2214 |
of illegal release of confidential concealed handgun license | 2215 |
records, a felony of the fifth degree. In addition to any | 2216 |
penalties imposed under Chapter 2929. of the Revised Code for a | 2217 |
violation of division (B) of this section or a violation of | 2218 |
section 2913.04 of the Revised Code described in division (D) of | 2219 |
this section, if the offender is a sheriff, an employee of a | 2220 |
sheriff, or any other public officer or employee, and if the | 2221 |
violation was willful and deliberate, the offender shall be | 2222 |
subject to a civil fine of one thousand dollars. Any person who is | 2223 |
harmed by a violation of division (B) or (C) of this section or a | 2224 |
violation of section 2913.04 of the Revised Code described in | 2225 |
division (D) of this section has a private cause of action against | 2226 |
the offender for any injury, death, or loss to person or property | 2227 |
that is a proximate result of the violation and may recover court | 2228 |
costs and attorney's fees related to the action. | 2229 |
SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY | 2268 |
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH | 2269 |
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU | 2270 |
ATTAINED EIGHTEEN YEARS OF AGE AND UNTIL YOU COMMENCED YOUR | 2271 |
RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM, | 2272 |
AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED | 2273 |
MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT | 2274 |
INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT | 2275 |
AT THE END OF THIS SECTION. | 2276 |
|
(3) I have never been convicted of or pleaded guilty to a crime of | 2333 |
violence in the state of Ohio or elsewhere (if you have been | 2334 |
convicted of or pleaded guilty to such a crime, but the | 2335 |
records of that conviction or guilty plea have been sealed or | 2336 |
expunged by court order or a court has granted relief | 2337 |
pursuant to section 2923.14 of the Revised Code from the | 2338 |
disability imposed pursuant to section 2923.13 of the Revised | 2339 |
Code relative to that conviction or guilty plea, you may | 2340 |
treat the conviction or guilty plea for purposes of this | 2341 |
paragraph as if it never had occurred). I am of sound mind. I | 2342 |
hereby certify that the statements contained herein are true | 2343 |
and correct to the best of my knowledge and belief. I | 2344 |
understand that if I knowingly make any false statements | 2345 |
herein I am subject to penalties prescribed by law. I | 2346 |
authorize the sheriff or the sheriff's designee to inspect | 2347 |
only those records or documents relevant to information | 2348 |
required for this application. | 2349 |
|
SECTION IV. YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY | 2388 |
PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH | 2389 |
PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU LAST | 2390 |
APPLIED FOR AN OHIO CONCEALED HANDGUN LICENSE THROUGH THE TIME YOU | 2391 |
COMMENCED YOUR RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II | 2392 |
OF THIS FORM, AND THE DATES OF RESIDENCE AT EACH OF THOSE | 2393 |
ADDRESSES. IF YOU NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET | 2394 |
WITH THE RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND | 2395 |
NOTE THE ATTACHMENT AT THE END OF THIS SECTION. | 2396 |
|
(3) I have never been convicted of or pleaded guilty to a crime of | 2453 |
violence in the state of Ohio or elsewhere (if you have been | 2454 |
convicted of or pleaded guilty to such a crime, but the | 2455 |
records of that conviction or guilty plea have been sealed or | 2456 |
expunged by court order or a court has granted relief | 2457 |
pursuant to section 2923.14 of the Revised Code from the | 2458 |
disability imposed pursuant to section 2923.13 of the Revised | 2459 |
Code relative to that conviction or guilty plea, you may | 2460 |
treat the conviction or guilty plea for purposes of this | 2461 |
paragraph as if it never had occurred). I am of sound mind. I | 2462 |
hereby certify that the statements contained herein are true | 2463 |
and correct to the best of my knowledge and belief. I | 2464 |
understand that if I knowingly make any false statements | 2465 |
herein I am subject to penalties prescribed by law. I | 2466 |
authorize the sheriff or the sheriff's designee to inspect | 2467 |
only those records or documents relevant to information | 2468 |
required for this application. | 2469 |
|
(b) A written document prepared by a governmental entity or | 2482 |
public official describing the facts that give the person seeking | 2483 |
to carry a concealed handgunfirearm other than a restricted | 2484 |
firearm reasonable cause to fear a criminal attack upon the person | 2485 |
or a member of the person's family, such as would justify a | 2486 |
prudent person in going armed. Written documents of this nature | 2487 |
include, but are not limited to, any temporary protection order, | 2488 |
civil protection order, protection order issued by another state, | 2489 |
or other court order, any court report, and any report filed with | 2490 |
or made by a law enforcement agency or prosecutor. | 2491 |
(b) A sworn affidavit that contains all of the information | 2499 |
required to be on the license and attesting that the person is | 2500 |
legally living in the United States; is at least twenty-one years | 2501 |
of age; is not a fugitive from justice; is not under indictment | 2502 |
for or otherwise charged with an offense identified in division | 2503 |
(D)(1)(d) of section 2923.125 of the Revised Code; has not been | 2504 |
convicted of or pleaded guilty to an offense, and has not been | 2505 |
adjudicated a delinquent child for committing an act, identified | 2506 |
in division (D)(1)(e) of that section and to which division (B)(3) | 2507 |
of this section does not apply; within three years of the date of | 2508 |
the submission, has not been convicted of or pleaded guilty to an | 2509 |
offense, and has not been adjudicated a delinquent child for | 2510 |
committing an act, identified in division (D)(1)(f) of that | 2511 |
section and to which division (B)(3) of this section does not | 2512 |
apply; within five years of the date of the submission, has not | 2513 |
been convicted of, pleaded guilty, or adjudicated a delinquent | 2514 |
child for committing two or more violations identified in division | 2515 |
(D)(1)(g) of that section; within ten years of the date of the | 2516 |
submission, has not been convicted of, pleaded guilty, or | 2517 |
adjudicated a delinquent child for committing a violation | 2518 |
identified in division (D)(1)(h) of that section and to which | 2519 |
division (B)(3) of this section does not apply; has not been | 2520 |
adjudicated as a mental defective, has not been committed to any | 2521 |
mental institution, is not under adjudication of mental | 2522 |
incompetence, has not been found by a court to be a mentally ill | 2523 |
person subject to hospitalization by court order, and is not an | 2524 |
involuntary patient other than one who is a patient only for | 2525 |
purposes of observation, as described in division (D)(1)(i) of | 2526 |
that section; is not currently subject to a civil protection | 2527 |
order, a temporary protection order, or a protection order issued | 2528 |
by a court of another state, as described in division (D)(1)(j) of | 2529 |
that section; and is not currently subject to a suspension imposed | 2530 |
under division (A)(2) of section 2923.128 of the Revised Code of a | 2531 |
concealed handgun license that previously was issued to the | 2532 |
person; within one year of the date of submission, has not been | 2533 |
convicted of or pleaded guilty to a misdemeanor offense of | 2534 |
carrying concealed weapons or improperly handling firearms in a | 2535 |
motor vehicle in violation of division (B)(1) or (2) of section | 2536 |
2923.12 or division (E)(1), (2), or (3) of section 2923.16 of the | 2537 |
Revised Code; and within two years of the date of the submission, | 2538 |
has not been convicted of or pleaded guilty to a misdemeanor | 2539 |
offense of carrying concealed weapons or improperly handling | 2540 |
firearms in a motor vehicle in violation of division (B)(4) of | 2541 |
section 2923.12 or division (E)(5) of section 2923.16 of the | 2542 |
Revised Code; | 2543 |
(2) A sheriff shall accept the evidence of imminent danger, | 2566 |
the sworn affidavit, the fee, and the set of fingerprints required | 2567 |
under division (B)(1) of this section at the times and in the | 2568 |
manners described in division (I) of this section. Upon receipt of | 2569 |
the evidence of imminent danger, the sworn affidavit, the fee, and | 2570 |
the set of fingerprints required under division (B)(1) of this | 2571 |
section, the sheriff, in the manner specified in section 311.41 of | 2572 |
the Revised Code, immediately shall conduct or cause to be | 2573 |
conducted the criminal records check and the incompetency records | 2574 |
check described in section 311.41 of the Revised Code. Immediately | 2575 |
upon receipt of the results of the records checks, the sheriff | 2576 |
shall review the information and shall determine whether the | 2577 |
criteria set forth in divisions (D)(1)(a) to (j) and (m) of | 2578 |
section 2923.125 of the Revised Code apply regarding the person. | 2579 |
If the sheriff determines that all of criteria set forth in | 2580 |
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the | 2581 |
Revised Code apply regarding the person, the sheriff shall | 2582 |
immediately make available through the law enforcement automated | 2583 |
data system all information that will be contained on the | 2584 |
temporary emergency license for the person if one is issued, and | 2585 |
the superintendent of the state highway patrol shall ensure that | 2586 |
the system is so configured as to permit the transmission through | 2587 |
the system of that information. Upon making that information | 2588 |
available through the law enforcement automated data system, the | 2589 |
sheriff shall immediately issue to the person a concealed handgun | 2590 |
license on a temporary emergency basis. | 2591 |
(3) If a person seeking a concealed handgun license on a | 2612 |
temporary emergency basis has been convicted of or pleaded guilty | 2613 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 2614 |
section 2923.125 of the Revised Code or has been adjudicated a | 2615 |
delinquent child for committing an act or violation identified in | 2616 |
any of those divisions, and if a court has ordered the sealing or | 2617 |
expungement of the records of that conviction, guilty plea, or | 2618 |
adjudication pursuant to sections 2151.355 to 2151.358 or sections | 2619 |
2953.31 to 2953.36 of the Revised Code or a court has granted the | 2620 |
applicant relief pursuant to section 2923.14 of the Revised Code | 2621 |
from the disability imposed pursuant to section 2923.13 of the | 2622 |
Revised Code relative to that conviction, guilty plea, or | 2623 |
adjudication, the conviction, guilty plea, or adjudication shall | 2624 |
not be relevant for purposes of the sworn affidavit described in | 2625 |
division (B)(1)(b) of this section, and the person may complete, | 2626 |
and swear to the truth of, the affidavit as if the conviction, | 2627 |
guilty plea, or adjudication never had occurred. | 2628 |
(4) The sheriff shall waive the payment pursuant to division | 2629 |
(B)(1)(c) of this section of the license fee in connection with an | 2630 |
application that is submitted by an applicant who is a retired | 2631 |
peace officer, a retired person described in division (B)(1)(b) of | 2632 |
section 109.77 of the Revised Code, or a retired federal law | 2633 |
enforcement officer who, prior to retirement, was authorized under | 2634 |
federal law to carry a firearm in the course of duty, unless the | 2635 |
retired peace officer, person, or federal law enforcement officer | 2636 |
retired as the result of a mental disability. | 2637 |
(C) A person who holds a concealed handgun license on a | 2642 |
temporary emergency basis, regardless of whether the license was | 2643 |
issued prior to, on, or after the effective date of this | 2644 |
amendment, has the same right to carry a concealed
handgun | 2645 |
firearm that is not a restricted firearm as a person who was | 2646 |
issued a concealed handgun license under section 2923.125 of the | 2647 |
Revised Code, and any exceptions to the prohibitions contained in | 2648 |
section 1547.69 and sections 2923.12 to 2923.16 of the Revised | 2649 |
Code for a licensee under section 2923.125 of the Revised Code | 2650 |
apply to a licensee under this section. The person is subject to | 2651 |
the same restrictions, and to all other procedures, duties, and | 2652 |
sanctions, that apply to a person who carries a license issued | 2653 |
under section 2923.125 of the Revised Code, other than the license | 2654 |
renewal procedures set forth in that section. | 2655 |
(D) A sheriff who issues a concealed handgun license on a | 2656 |
temporary emergency basis under this section shall not require a | 2657 |
person seeking to carry a concealed handgunfirearm that is not a | 2658 |
restricted firearm in accordance with this section to submit a | 2659 |
competency certificate as a prerequisite for issuing the license | 2660 |
and shall comply with division (H) of section 2923.125 of the | 2661 |
Revised Code in regards to the license. The sheriff shall suspend | 2662 |
or revoke the license in accordance with section 2923.128 of the | 2663 |
Revised Code. In addition to the suspension or revocation | 2664 |
procedures set forth in section 2923.128 of the Revised Code, the | 2665 |
sheriff may revoke the license upon receiving information, | 2666 |
verifiable by public documents, that the person is not eligible to | 2667 |
possess a firearm under either the laws of this state or of the | 2668 |
United States or that the person committed perjury in obtaining | 2669 |
the license; if the sheriff revokes a license under this | 2670 |
additional authority, the sheriff shall notify the person, by | 2671 |
certified mail, return receipt requested, at the person's last | 2672 |
known residence address that the license has been revoked and that | 2673 |
the person is required to surrender the license at the sheriff's | 2674 |
office within ten days of the date on which the notice was mailed. | 2675 |
Division (H) of section 2923.125 of the Revised Code applies | 2676 |
regarding any suspension or revocation of a concealed handgun | 2677 |
license on a temporary emergency basis. | 2678 |
(I) A sheriff shall accept evidence of imminent danger, a | 2705 |
sworn affidavit, the fee, and the set of fingerprints specified in | 2706 |
division (B)(1) of this section at any time during normal business | 2707 |
hours. In no case shall a sheriff require an appointment, or | 2708 |
designate a specific period of time, for the submission or | 2709 |
acceptance of evidence of imminent danger, a sworn affidavit, the | 2710 |
fee, and the set of fingerprints specified in division (B)(1) of | 2711 |
this section, or for the provision to any person of a standard | 2712 |
form to be used for a person to apply for a concealed handgun | 2713 |
license on a temporary emergency basis. | 2714 |
(E) No person who has been issued a concealed handgun license | 2751 |
or is deemed under division (C) of section 2923.111 of the Revised | 2752 |
Code to have been issued a concealed handgun license under section | 2753 |
2923.125 of the Revised Code, who is the driver or an occupant of | 2754 |
a motor vehicle that is stopped as a result of a traffic stop or a | 2755 |
stop for another law enforcement purpose or is the driver or an | 2756 |
occupant of a commercial motor vehicle that is stopped by an | 2757 |
employee of the motor carrier enforcement unit for the purposes | 2758 |
defined in section 5503.34 of the Revised Code, and who is | 2759 |
transporting or has a loaded handgunfirearm that is not a | 2760 |
restricted firearm in the motor vehicle or commercial motor | 2761 |
vehicle in any manner, shall do any of the following: | 2762 |
(7) Nothing in this section prohibits or restricts a person | 2913 |
from possessing, storing, or leaving a firearm in a locked motor | 2914 |
vehicle that is parked in the state underground parking garage at | 2915 |
the state capitol building or in the parking garage at the Riffe | 2916 |
center for government and the arts in Columbus, if the person's | 2917 |
transportation and possession of the firearm in the motor vehicle | 2918 |
while traveling to the premises or facility was not in violation | 2919 |
of division (A), (B), (C), (D), or (E) of this section or any | 2920 |
other provision of the Revised Code. | 2921 |
(2) It is an affirmative defense to a charge under division | 2927 |
(B) or (C) of this section of improperly handling firearms in a | 2928 |
motor vehicle that the actor transported or had the firearm in the | 2929 |
motor vehicle for any lawful purpose and while the motor vehicle | 2930 |
was on the actor's own property, provided that this affirmative | 2931 |
defense is not available unless the person, immediately prior to | 2932 |
arriving at the actor's own property, did not transport or possess | 2933 |
the firearm in a motor vehicle in a manner prohibited by division | 2934 |
(B) or (C) of this section while the motor vehicle was being | 2935 |
operated on a street, highway, or other public or private property | 2936 |
used by the public for vehicular traffic. | 2937 |
If a person is convicted of, was convicted of, pleads guilty | 2950 |
to, or has pleaded guilty to a violation of division (B) or (C) of | 2951 |
this section as the division existed prior to September 30, 2011, | 2952 |
and if the conduct that was the basis of the violation no longer | 2953 |
would be a violation of division (B) or (C) of this section on or | 2954 |
after September 30, 2011, due to the application of division | 2955 |
(F)(5) of this section as it exists on and after September 30, | 2956 |
2011, the person may file an application under section 2953.37 of | 2957 |
the Revised Code requesting the expungement of the record of | 2958 |
conviction. | 2959 |
(b) The attorney general shall develop a public media | 2960 |
advisory that summarizes the expungement procedure established | 2961 |
under section 2953.37 of the Revised Code and the offenders | 2962 |
identified in division (H)(2)(a) of this section who are | 2963 |
authorized to apply for the expungement. Within thirty days after | 2964 |
September 30, 2011, the attorney general shall provide a copy of | 2965 |
the advisory to each daily newspaper published in this state and | 2966 |
each television station that broadcasts in this state. The | 2967 |
attorney general may provide the advisory in a tangible form, an | 2968 |
electronic form, or in both tangible and electronic forms. | 2969 |
(I) Whoever violates this section is guilty of improperly | 2970 |
handling firearms in a motor vehicle. Violation of division (A) of | 2971 |
this section is a felony of the fourth degree. Violation of | 2972 |
division (C) of this section is a misdemeanor of the fourth | 2973 |
degree. A violation of division (D) of this section is a felony of | 2974 |
the fifth degree or, if the loaded handgun is concealed on the | 2975 |
person's person, a felony of the fourth degree. Except as | 2976 |
otherwise provided in this division, a violation of division | 2977 |
(E)(1) or (2) of this section is a misdemeanor of the first | 2978 |
degree, and, in addition to any other penalty or sanction imposed | 2979 |
for the violation, if the offender has been issued a concealed | 2980 |
handgun license, the offender's concealed handgun license shall be | 2981 |
suspended pursuant to division (A)(2) of section 2923.128 of the | 2982 |
Revised Code. If at the time of the stop of the offender for a | 2983 |
traffic stop, for another law enforcement purpose, or for a | 2984 |
purpose defined in section 5503.34 of the Revised Code that was | 2985 |
the basis of the violation any law enforcement officer involved | 2986 |
with the stop or the employee of the motor carrier enforcement | 2987 |
unit who made the stop had actual knowledge ofthat the offender's | 2988 |
status as a licenseeoffender has been issued a concealed handgun | 2989 |
license or that the offender is deemed under division (C) of | 2990 |
section 2923.111 of the Revised Code to have been issued a | 2991 |
concealed handgun license under section 2923.125 of the Revised | 2992 |
Code, a violation of division (E)(1) or (2) of this section is a | 2993 |
minor misdemeanor, and if the offender has been issued a concealed | 2994 |
handgun license, the offender's concealed handgun license shall | 2995 |
not be suspended pursuant to division (A)(2) of section 2923.128 | 2996 |
of the Revised Code. A violation of division (E)(4) of this | 2997 |
section is a felony of the fifth degree. A violation of division | 2998 |
(E)(3) or (5) of this section is a misdemeanor of the first degree | 2999 |
or, if the offender previously has been convicted of or pleaded | 3000 |
guilty to a violation of division (E)(3) or (5) of this section, a | 3001 |
felony of the fifth degree. In addition to any other penalty or | 3002 |
sanction imposed for a misdemeanor violation of division (E)(3) or | 3003 |
(5) of this section, if the offender has been issued a concealed | 3004 |
handgun license, the offender's concealed handgun license shall be | 3005 |
suspended pursuant to division (A)(2) of section 2923.128 of the | 3006 |
Revised Code. A violation of division (B) of this section is a | 3007 |
felony of the fourth degree. | 3008 |
(J) If a law enforcement officer stops a motor vehicle for a | 3009 |
traffic stop or any other purpose, if any person in the motor | 3010 |
vehicle surrenders a firearm to the officer, either voluntarily or | 3011 |
pursuant to a request or demand of the officer, and if the officer | 3012 |
does not charge the person with a violation of this section or | 3013 |
arrest the person for any offense, the person is not otherwise | 3014 |
prohibited by law from possessing the firearm, and the firearm is | 3015 |
not contraband, the officer shall return the firearm to the person | 3016 |
at the termination of the stop. If a court orders a law | 3017 |
enforcement officer to return a firearm to a person pursuant to | 3018 |
the requirement set forth in this division, division (B) of | 3019 |
section 2923.163 of the Revised Code applies. | 3020 |
(i) A package, box, or case with multiple compartments, as | 3046 |
long as the loaded magazine or speed loader and the firearm in | 3047 |
question either are in separate compartments within the package, | 3048 |
box, or case, or, if they are in the same compartment, the | 3049 |
magazine or speed loader is contained within a separate enclosure | 3050 |
in that compartment that does not contain the firearm and that | 3051 |
closes using a snap, button, buckle, zipper, hook and loop closing | 3052 |
mechanism, or other fastener that must be opened to access the | 3053 |
contents or the firearm is contained within a separate enclosure | 3054 |
of that nature in that compartment that does not contain the | 3055 |
magazine or speed loader; | 3056 |
(L) Divisions (K)(5)(a) and (b) of this section do not affect | 3075 |
the authority of a person who is carrying a valid concealed | 3076 |
handgun license or who is deemed under division (C) of section | 3077 |
2923.111 of the Revised Code to have been issued a concealed | 3078 |
handgun license under section 2923.125 of the Revised Code to have | 3079 |
one or more magazines or speed loaders containing ammunition | 3080 |
anywhere in a vehicle, without being transported as described in | 3081 |
those divisions, as long as no ammunition is in a firearm, other | 3082 |
than a handgun, in the vehicle other than as permitted under any | 3083 |
other provision of this chapter. A person who is carrying a valid | 3084 |
concealed handgun license or who is deemed under division (C) of | 3085 |
section 2923.111 of the Revised Code to have been issued a | 3086 |
concealed handgun license under section 2923.125 of the Revised | 3087 |
Code may have one or more magazines or speed loaders containing | 3088 |
ammunition anywhere in a vehicle without further restriction, as | 3089 |
long as no ammunition is in a firearm, other than a handgun, in | 3090 |
the vehicle other than as permitted under any provision of this | 3091 |
chapter. | 3092 |
(1) The licensee or employee either has successfully | 3099 |
completed a basic firearm training program at a training school | 3100 |
approved by the Ohio peace officer training commission, which | 3101 |
program includes twenty hours of training in handgun use and, if | 3102 |
any firearm other than a handgun is to be used, five hours of | 3103 |
training in the use of other firearms, and has received a | 3104 |
certificate of satisfactory completion of that program from the | 3105 |
executive director of the commission; the licensee or employee | 3106 |
has, within three years prior to November 27, 1985, satisfactorily | 3107 |
completed firearms training that has been approved by the | 3108 |
commission as being equivalent to such a program and has received | 3109 |
written evidence of approval of that training from the executive | 3110 |
director of the commission; or the licensee or employee is a | 3111 |
former peace officer, as defined in section 109.71 of the Revised | 3112 |
Code, who previously had successfully completed a firearms | 3113 |
training course at a training school approved by the Ohio peace | 3114 |
officer training commission and has received a certificate or | 3115 |
other evidence of satisfactory completion of that course from the | 3116 |
executive director of the commission. | 3117 |
(2) The licensee or employee submits an application to the | 3118 |
director of public safety, on a form prescribed by the director, | 3119 |
in which the licensee or employee requests registration as a class | 3120 |
A, B, or C licensee or employee who may carry a firearm. The | 3121 |
application shall be accompanied by a copy of the certificate or | 3122 |
the written evidence or other evidence described in division | 3123 |
(A)(1) of this section, the identification card issued pursuant to | 3124 |
section 4749.03 or 4749.06 of the Revised Code if one has | 3125 |
previously been issued, a statement of the duties that will be | 3126 |
performed while the licensee or employee is armed, and a fee the | 3127 |
director determines, not to exceed fifteen dollars. In the case of | 3128 |
a registered employee, the statement shall be prepared by the | 3129 |
employing class A, B, or C licensee. | 3130 |
(4) At any time within the immediately preceding twelve-month | 3137 |
period, the licensee or employee has requalified in firearms use | 3138 |
on a firearms training range at a firearms requalification program | 3139 |
certified by the Ohio peace officer training commission or on a | 3140 |
firearms training range under the supervision of an instructor | 3141 |
certified by the commission and has received a certificate of | 3142 |
satisfactory requalification from the certified program or | 3143 |
certified instructor, provided that this division does not apply | 3144 |
to any licensee or employee prior to the expiration of eighteen | 3145 |
months after the licensee's or employee's completion of the | 3146 |
program described in division (A)(1) of this section. A | 3147 |
certificate of satisfactory requalification is valid and remains | 3148 |
in effect for twelve months from the date of the requalification. | 3149 |
(2) A firearms requalification training program or instructor | 3161 |
certified by the commission for the annual requalification of | 3162 |
class A, B, or C licensees or employees who are authorized to | 3163 |
carry a firearm under section 4749.10 of the Revised Code shall | 3164 |
award a certificate of satisfactory requalification to each class | 3165 |
A, B, or C licensee or registered employee of a class A, B, or C | 3166 |
licensee who satisfactorily requalifies in firearms training. The | 3167 |
certificate shall identify the licensee or employee and indicate | 3168 |
the date of the requalification. A licensee or employee who | 3169 |
receives such a certificate shall submit a copy of it to the | 3170 |
director of public safety. A licensee shall submit the copy of the | 3171 |
requalification certificate at the same time that the licensee | 3172 |
makes application for renewal of the licensee's class A, B, or C | 3173 |
license. The director shall keep a record of all copies of | 3174 |
requalification certificates the director receives under this | 3175 |
division and shall establish a procedure for the updating of | 3176 |
identification cards to provide evidence of compliance with the | 3177 |
annual requalification requirement. The procedure for the updating | 3178 |
of identification cards may provide for the issuance of a new card | 3179 |
containing the evidence, the entry of a new notation containing | 3180 |
the evidence on the existing card, the issuance of a separate card | 3181 |
or paper containing the evidence, or any other procedure | 3182 |
determined by the director to be reasonable. Each person who is | 3183 |
issued a requalification certificate under this division promptly | 3184 |
shall pay to the Ohio peace officer training commission | 3185 |
established by section 109.71 of the Revised Code a fee the | 3186 |
director determines, not to exceed fifteen dollars, which fee | 3187 |
shall be transmitted to the treasurer of state for deposit in the | 3188 |
peace officer private security fund established by section 109.78 | 3189 |
of the Revised Code. | 3190 |
(D) "Licensee" means a person to whom a concealed handgun | 3213 |
license has been issued under section 2923.125 of the Revised Code | 3214 |
and, except when the context clearly indicates otherwise, includes | 3215 |
a person to whom a concealed handgun license on a temporary | 3216 |
emergency basis has been issued under section 2923.1213 of the | 3217 |
Revised Code and, a person to whom a concealed handgun license has | 3218 |
been issued by another state, and a person who is deemed under | 3219 |
division (C) of section 2923.111 of the Revised Code to have been | 3220 |
issued a concealed handgun license under section 2923.125 of the | 3221 |
Revised Code. | 3222 |
Sec. 2923.126. (A) A concealed handgun license that is | 3249 |
issued under section 2923.125 of the Revised Code shall expire | 3250 |
five years after the date of issuance. A licensee who has been | 3251 |
issued a license under that section shall be granted a grace | 3252 |
period of thirty days after the licensee's license expires during | 3253 |
which the licensee's license remains valid. Except as provided in | 3254 |
divisions (B) and (C) of this section, a licensee who has been | 3255 |
issued a concealed handgun license under section 2923.125 or | 3256 |
2923.1213 of the Revised Code, regardless of whether the license | 3257 |
was issued prior to, on, or after the effective date of this | 3258 |
amendment, may carry a concealed handgunfirearm that is not a | 3259 |
restricted firearm anywhere in this state if the licensee also | 3260 |
carries a valid license and valid identification when the licensee | 3261 |
is in actual possession of athe concealed handgunfirearm. TheA | 3262 |
licensee who has been issued a concealed handgun license under | 3263 |
section 2923.125 or 2923.1213 of the Revised Code shall give | 3264 |
notice of any change in the licensee's residence address to the | 3265 |
sheriff who issued the license within forty-five days after that | 3266 |
change. | 3267 |
If a licensee or a person who is deemed under division (C) of | 3268 |
section 2923.111 of the Revised Code to have been issued a | 3269 |
concealed handgun license under section 2923.125 of the Revised | 3270 |
Code is the driver or an occupant of a motor vehicle that is | 3271 |
stopped as the result of a traffic stop or a stop for another law | 3272 |
enforcement purpose and if the licensee or person is transporting | 3273 |
or has a loaded handgunfirearm that is not a restricted firearm | 3274 |
in the motor vehicle at that time, the licensee or person shall | 3275 |
promptly inform any law enforcement officer who approaches the | 3276 |
vehicle while stopped that the licensee has been issued a | 3277 |
concealed handgun license and that the licensee or person | 3278 |
currently possesses or has a loaded handgunfirearm; the licensee | 3279 |
or person shall not knowingly disregard or fail to comply with | 3280 |
lawful orders of a law enforcement officer given while the motor | 3281 |
vehicle is stopped, knowingly fail to remain in the motor vehicle | 3282 |
while stopped, or knowingly fail to keep the licensee's or | 3283 |
person's hands in plain sight after any law enforcement officer | 3284 |
begins approaching the licensee or person while stopped and before | 3285 |
the officer leaves, unless directed otherwise by a law enforcement | 3286 |
officer; and the licensee or person shall not knowingly have | 3287 |
contact with the loaded handgunfirearm by touching it with the | 3288 |
licensee's or person's hands or fingers, in any manner in | 3289 |
violation of division (E) of section 2923.16 of the Revised Code, | 3290 |
after any law enforcement officer begins approaching the licensee | 3291 |
or person while stopped and before the officer leaves. | 3292 |
Additionally, if a licensee or a person who is deemed under | 3293 |
division (C) of section 2923.111 of the Revised Code to have been | 3294 |
issued a concealed handgun license under section 2923.125 of the | 3295 |
Revised Code is the driver or an occupant of a commercial motor | 3296 |
vehicle that is stopped by an employee of the motor carrier | 3297 |
enforcement unit for the purposes defined in section 5503.04 of | 3298 |
the Revised Code and if the licensee or person is transporting or | 3299 |
has a loaded handgunfirearm that is not a restricted firearm in | 3300 |
the commercial motor vehicle at that time, the licensee or person | 3301 |
shall promptly inform the employee of the unit who approaches the | 3302 |
vehicle while stopped that the licensee has been issued a | 3303 |
concealed handgun license and that the licensee or person | 3304 |
currently possesses or has a loaded
handgunfirearm. | 3305 |
If a licensee or a person who is deemed under division (C) of | 3306 |
section 2923.111 of the Revised Code to have been issued a | 3307 |
concealed handgun license under section 2923.125 of the Revised | 3308 |
Code is stopped for a law enforcement purpose and if the licensee | 3309 |
or person is carrying a concealed handgunfirearm that is not a | 3310 |
restricted firearm at the time the officer approaches, the | 3311 |
licensee or person shall promptly inform any law enforcement | 3312 |
officer who approaches the licensee or person while stopped that | 3313 |
the licensee has been issued a concealed handgun license and that | 3314 |
the licensee or person currently is carrying a concealed handgun | 3315 |
firearm; the licensee or person shall not knowingly disregard or | 3316 |
fail to comply with lawful orders of a law enforcement officer | 3317 |
given while the licensee or person is stopped or knowingly fail to | 3318 |
keep the licensee's or person's hands in plain sight after any law | 3319 |
enforcement officer begins approaching the licensee or person | 3320 |
while stopped and before the officer leaves, unless directed | 3321 |
otherwise by a law enforcement officer; and the licensee or person | 3322 |
shall not knowingly remove, attempt to remove, grasp, or hold the | 3323 |
loaded handgunfirearm or knowingly have contact with the loaded | 3324 |
handgunfirearm by touching it with the licensee's or person's | 3325 |
hands or fingers, in any manner in violation of division (B) of | 3326 |
section 2923.12 of the Revised Code, after any law enforcement | 3327 |
officer begins approaching the licensee or person while stopped | 3328 |
and before the officer leaves. | 3329 |
(B) A validThe right to carry a concealed firearm that is | 3330 |
granted under division (A) of this section to a licensee who has | 3331 |
been issued a concealed handgun license or that is granted under | 3332 |
division (A) of section 2923.111 of the Revised Code to a licensee | 3333 |
who is deemed under division (C) of that section to have been | 3334 |
issued a concealed handgun license under section 2923.125 of the | 3335 |
Revised Code does not authorize the licensee to carry any | 3336 |
restricted firearm, does not authorize the licensee to carry a | 3337 |
firearm or a concealed handgunfirearm in any manner prohibited | 3338 |
under division (B) of section 2923.12 of the Revised Code or in | 3339 |
any manner prohibited under section 1547.69, 2921.36, 2923.12, | 3340 |
2923.121, 2923.122, 2923.123, 2923.13, 2923.131, 2923.15, or | 3341 |
2923.16 of the Revised Code. A valid licenseand does not | 3342 |
authorize the licensee to carry a concealed
handgunfirearm into | 3343 |
any of the following places: | 3344 |
(1) A police station, sheriff's office, or state highway | 3345 |
patrol station, premises controlled by the bureau of criminal | 3346 |
identification and investigation, a state correctional | 3347 |
institution, jail, workhouse, or other detention facility, an | 3348 |
airport passenger terminal, or an institution that is maintained, | 3349 |
operated, managed, and governed pursuant to division (A) of | 3350 |
section 5119.14 of the Revised Code or division (A)(1) of section | 3351 |
5123.03 of the Revised Code; | 3352 |
(7) A child day-care center, a type A family day-care home, | 3371 |
or a type B family day-care home, except that this division does | 3372 |
not prohibit a licensee who resides in a type A family day-care | 3373 |
home or a type B family day-care home from carrying a concealed | 3374 |
handgunfirearm at any time in any part of the home that is not | 3375 |
dedicated or used for day-care purposes, or from carrying a | 3376 |
concealed
handgunfirearm in a part of the home that is dedicated | 3377 |
or used for day-care purposes at any time during which no | 3378 |
children, other than children of that licensee, are in the home; | 3379 |
(C)(1) Nothing in this section or section 2923.111 of the | 3392 |
Revised Code shall negate or restrict a rule, policy, or practice | 3393 |
of a private employer that is not a private college, university, | 3394 |
or other institution of higher education concerning or prohibiting | 3395 |
the presence of firearms on the private employer's premises or | 3396 |
property, including motor vehicles owned by the private employer. | 3397 |
Nothing in this section or section 2923.111 of the Revised Code | 3398 |
shall require a private employer of that nature to adopt a rule, | 3399 |
policy, or practice concerning or prohibiting the presence of | 3400 |
firearms on the private employer's premises or property, including | 3401 |
motor vehicles owned by the private employer. | 3402 |
(2)(a) A private employer shall be immune from liability in a | 3403 |
civil action for any injury, death, or loss to person or property | 3404 |
that allegedly was caused by or related to a licensee bringing a | 3405 |
handgunfirearm onto the premises or property of the private | 3406 |
employer, including motor vehicles owned by the private employer, | 3407 |
unless the private employer acted with malicious purpose. A | 3408 |
private employer is immune from liability in a civil action for | 3409 |
any injury, death, or loss to person or property that allegedly | 3410 |
was caused by or related to the private employer's decision to | 3411 |
permit a licensee to bring, or prohibit a licensee from bringing, | 3412 |
a handgunfirearm onto the premises or property of the private | 3413 |
employer. As used in this division, "private employer" includes a | 3414 |
private college, university, or other institution of higher | 3415 |
education. | 3416 |
(b) A political subdivision shall be immune from liability in | 3417 |
a civil action, to the extent and in the manner provided in | 3418 |
Chapter 2744. of the Revised Code, for any injury, death, or loss | 3419 |
to person or property that allegedly was caused by or related to a | 3420 |
licensee bringing a handgunfirearm onto any premises or property | 3421 |
owned, leased, or otherwise under the control of the political | 3422 |
subdivision. As used in this division, "political subdivision" has | 3423 |
the same meaning as in section 2744.01 of the Revised Code. | 3424 |
(3)(a) Except as provided in division (C)(3)(b) of this | 3425 |
section, the owner or person in control of private land or | 3426 |
premises, and a private person or entity leasing land or premises | 3427 |
owned by the state, the United States, or a political subdivision | 3428 |
of the state or the United States, may post a sign in a | 3429 |
conspicuous location on that land or on those premises prohibiting | 3430 |
persons from carrying firearms or concealed firearms on or onto | 3431 |
that land or those premises. Except as otherwise provided in this | 3432 |
division, a person who knowingly violates a posted prohibition of | 3433 |
that nature is guilty of criminal trespass in violation of | 3434 |
division (A)(4) of section 2911.21 of the Revised Code and is | 3435 |
guilty of a misdemeanor of the fourth degree. If a person | 3436 |
knowingly violates a posted prohibition of that nature and the | 3437 |
posted land or premises primarily was a parking lot or other | 3438 |
parking facility, the person is not guilty of criminal trespass in | 3439 |
violation of division (A)(4) of section 2911.21 of the Revised | 3440 |
Code and instead is subject only to a civil cause of action for | 3441 |
trespass based on the violation. | 3442 |
(b) A landlord may not prohibit or restrict a tenant who is a | 3443 |
licensee and who on or after September 9, 2008, enters into a | 3444 |
rental agreement with the landlord for the use of residential | 3445 |
premises, and the tenant's guest while the tenant is present, from | 3446 |
lawfully carrying or possessing a handgun on those residential | 3447 |
premises.
A landlord may not prohibit or restrict a tenant who is | 3448 |
a licensee and who on or after the effective date of this | 3449 |
amendment enters into a rental agreement with the landlord for the | 3450 |
use of residential premises and the tenant's guest while the | 3451 |
tenant is present from lawfully carrying or possessing a firearm | 3452 |
that is not a restricted firearm on those premises. | 3453 |
(D) A person who holds a concealed handgun license issued by | 3461 |
another state that is recognized by the attorney general pursuant | 3462 |
to a reciprocity agreement entered into pursuant to section 109.69 | 3463 |
of the Revised Code and a person who is deemed under division (C) | 3464 |
of section 2923.111 of the Revised Code to have been issued a | 3465 |
concealed handgun license under section 2923.125 of the Revised | 3466 |
Code has the same right to carry a concealed
handgunfirearm that | 3467 |
is not a restricted firearm in this state as a person who was | 3468 |
issued a concealed handgun license under section 2923.125 of the | 3469 |
Revised Code and is subject to the same restrictions that apply to | 3470 |
a person who carries a license issued under that section. | 3471 |
(F)(1) A qualified retired peace officer who possesses a | 3479 |
retired peace officer identification card issued pursuant to | 3480 |
division (F)(2) of this section and a valid firearms | 3481 |
requalification certification issued pursuant to division (F)(3) | 3482 |
of this section has the same right to carry a concealed handgun | 3483 |
firearm that is not a restricted firearm in this state as a person | 3484 |
who was issued a concealed handgun license under section 2923.125 | 3485 |
of the Revised Code and is subject to the same restrictions that | 3486 |
apply to a person who carries a license issued under that section. | 3487 |
For purposes of reciprocity with other states, a qualified retired | 3488 |
peace officer who possesses a retired peace officer identification | 3489 |
card issued pursuant to division (F)(2) of this section and a | 3490 |
valid firearms requalification certification issued pursuant to | 3491 |
division (F)(3) of this section shall be considered to be a | 3492 |
licensee in this state who has been issued such a license under | 3493 |
that section. | 3494 |
(b) A retired peace officer identification card issued to a | 3520 |
person under division (F)(2)(a) of this section shall identify the | 3521 |
person by name, contain a photograph of the person, identify the | 3522 |
public agency of this state or of the political subdivision of | 3523 |
this state from which the person retired as a peace officer and | 3524 |
that is issuing the identification card, and specify that the | 3525 |
person retired in good standing from service as a peace officer | 3526 |
with the issuing public agency and satisfies the criteria set | 3527 |
forth in divisions (F)(2)(a)(i) to (iv) of this section. In | 3528 |
addition to the required content specified in this division, a | 3529 |
retired peace officer identification card issued to a person under | 3530 |
division (F)(2)(a) of this section may include the firearms | 3531 |
requalification certification described in division (F)(3) of this | 3532 |
section, and if the identification card includes that | 3533 |
certification, the identification card shall serve as the firearms | 3534 |
requalification certification for the retired peace officer. If | 3535 |
the issuing public agency issues credentials to active law | 3536 |
enforcement officers who serve the agency, the agency may comply | 3537 |
with division (F)(2)(a) of this section by issuing the same | 3538 |
credentials to persons who retired from service as a peace officer | 3539 |
with the agency and who satisfy the criteria set forth in | 3540 |
divisions (F)(2)(a)(i) to (iv) of this section, provided that the | 3541 |
credentials so issued to retired peace officers are stamped with | 3542 |
the word "RETIRED." | 3543 |
If a retired peace officer who satisfies the criteria set | 3558 |
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a | 3559 |
firearms requalification program that is approved for purposes of | 3560 |
firearms requalification required under section 109.801 of the | 3561 |
Revised Code, the retired peace officer's successful completion of | 3562 |
the firearms requalification program requalifies the retired peace | 3563 |
officer for purposes of division (F) of this section for five | 3564 |
years from the date on which the program was successfully | 3565 |
completed, and the requalification is valid during that five-year | 3566 |
period. If a retired peace officer who satisfies the criteria set | 3567 |
forth in divisions (F)(2)(a)(i) to (iv) of this section | 3568 |
satisfactorily completes such a firearms requalification program, | 3569 |
the retired peace officer shall be issued a firearms | 3570 |
requalification certification that identifies the retired peace | 3571 |
officer by name, identifies the entity that taught the program, | 3572 |
specifies that the retired peace officer successfully completed | 3573 |
the program, specifies the date on which the course was | 3574 |
successfully completed, and specifies that the requalification is | 3575 |
valid for five years from that date of successful completion. The | 3576 |
firearms requalification certification for a retired peace officer | 3577 |
may be included in the retired peace officer identification card | 3578 |
issued to the retired peace officer under division (F)(2) of this | 3579 |
section. | 3580 |
Section 6. The amendments to sections 109.69, 109.731, | 3613 |
1547.69, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.124, | 3614 |
2923.125, 2923.126, 2923.128, 2923.129, 2923.1210, 2923.1213, | 3615 |
2923.16, and 4749.10 made in Sections 1 and 2 of this act, and the | 3616 |
amendments to the versions of sections 2923.124 and 2923.126 of | 3617 |
the Revised Code that are scheduled to take effect on January 1, | 3618 |
2014, made in Sections 3 and 4 of this act, apply with respect to | 3619 |
any concealed handgun license, as defined in section 2923.11 of | 3620 |
the Revised Code, regardless of whether the license was issued | 3621 |
prior to, on, or after the effective date of this act. | 3622 |