(E)(1) The affirmative defenses
authorized in
divisions | 60 |
(D)(C)(1)
and (2) of section 2923.12 of the
Revised Code are | 61 |
affirmative
defenses to a charge under division
(C) or (D) of this | 62 |
section that involves a firearm other than a handgun. It is an | 63 |
affirmative defense to a charge under division (C) or (D) of this | 64 |
section of transporting or having a firearm of any type, including | 65 |
a handgun, in a vessel that the actor transported or had the | 66 |
firearm in the vessel for any lawful purpose and while the vessel | 67 |
was on the actor's own property, provided that this affirmative | 68 |
defense is not available unless the actor, prior to arriving at | 69 |
the vessel on the actor's own property, did not transport or | 70 |
possess the firearm in the vessel or in a motor vehicle in a | 71 |
manner prohibited by this section or division (B) or (C) of | 72 |
section 2923.16 of the Revised Code while the vessel was being | 73 |
operated on a waterway that was not on the actor's own property or | 74 |
while the motor vehicle was being operated on a street, highway, | 75 |
or other public or private property used by the public for | 76 |
vehicular traffic. | 77 |
(F) Divisions (B), (C), and (D) of this section do not
apply | 83 |
to the possession or discharge of a United States coast
guard | 84 |
approved signaling device required to be carried aboard a
vessel | 85 |
under section 1547.251 of the Revised Code when the
signaling | 86 |
device is possessed or used for the purpose of giving a
visual | 87 |
distress signal. No person shall knowingly transport or
possess | 88 |
any
signaling device
of that nature in or on a vessel in a
loaded | 89 |
condition at any time other than immediately prior to the | 90 |
discharge of the signaling device for the purpose of giving a | 91 |
visual distress signal. | 92 |
(2) Divisions (C) and
(D) of this
section do not
apply to a | 109 |
person who transports or possesses a
handgun in a
vessel and who, | 110 |
at the time of that transportation or
possession, is carrying | 111 |
qualifies for a license or has a valid license or temporary | 112 |
emergency license to carry a concealed
handgun issued to the | 113 |
person under section 2923.125 or 2923.1213 of the
Revised
Code or | 114 |
a license to carry a concealed handgun that was issued by another | 115 |
state with which the attorney general has entered into a | 116 |
reciprocity agreement under section 109.69 of the Revised Code, | 117 |
unless
the person
knowingly is in a place on the vessel
described | 118 |
in
division
(B) of section 2923.126 of the
Revised
Code. | 119 |
(I) If a law enforcement officer stops a vessel for a | 120 |
violation of this section or any other law enforcement purpose, if | 121 |
any person on the vessel surrenders a firearm to the officer, | 122 |
either voluntarily or pursuant to a request or demand of the | 123 |
officer, and if the officer does not charge the person with a | 124 |
violation of this section or arrest the person for any offense, | 125 |
the person is not otherwise prohibited by law from possessing the | 126 |
firearm, and the firearm is not contraband, the officer shall | 127 |
return the firearm to the person at the termination of the stop. | 128 |
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, | 191 |
cyclonite, TNT, picric acid, and other high explosives;
amatol, | 192 |
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high | 193 |
explosive compositions; plastic explosives; dynamite, blasting | 194 |
gelatin, gelatin dynamite, sensitized ammonium nitrate, | 195 |
liquid-oxygen blasting explosives, blasting powder, and other | 196 |
blasting agents; and any other explosive substance having | 197 |
sufficient brisance or power to be particularly suitable for use | 198 |
as a military explosive, or for use in mining, quarrying, | 199 |
excavating, or demolitions; | 200 |
(4) Black powder, priming quills, and percussion caps | 224 |
possessed and lawfully used to fire a cannon of a type defined in | 225 |
division (L)(3) of this section during displays, celebrations, | 226 |
organized matches or shoots, and target practice, and smokeless | 227 |
and black powder, primers, and percussion caps possessed and | 228 |
lawfully used as a propellant or ignition device in small-arms or | 229 |
small-arms ammunition; | 230 |
(M) "Explosive" means any chemical compound,
mixture, or | 238 |
device,
the primary or common purpose of which is to function by | 239 |
explosion. "Explosive" includes all materials that have been | 240 |
classified as
division 1.1, division
1.2, division 1.3, or | 241 |
division 1.4 explosives by the
United States
department of | 242 |
transportation in its regulations
and includes, but
is not | 243 |
limited to, dynamite, black powder, pellet powders,
initiating | 244 |
explosives, blasting caps, electric blasting caps,
safety fuses, | 245 |
fuse igniters, squibs, cordeau detonant fuses,
instantaneous | 246 |
fuses, and
igniter
cords and igniters. "Explosive"
does not | 247 |
include "fireworks," as defined in
section 3743.01 of the
Revised | 248 |
Code, or any substance or material otherwise meeting the | 249 |
definition of explosive
set forth in this section that is | 250 |
manufactured, sold, possessed,
transported, stored, or used in | 251 |
any activity described in section
3743.80 of the Revised Code, | 252 |
provided the activity is conducted in
accordance with all | 253 |
applicable laws, rules, and regulations,
including, but not | 254 |
limited to, the provisions of section 3743.80
of the Revised Code | 255 |
and the rules of the fire marshal adopted
pursuant to section | 256 |
3737.82 of the Revised Code. | 257 |
(N) "Qualifies for a license" means not having a license | 258 |
issued under section 2923.125 of the Revised Code or a temporary | 259 |
emergency license issued under section 2923.1213 of the Revised | 260 |
Code but being legally permitted to purchase a firearm under the | 261 |
laws of this state and the United States and meeting all the | 262 |
requirements for a license to carry a concealed handgun under | 263 |
division (D)(1)(a) to (m) of section 2923.125 of the Revised | 264 |
Code. A person
meets the requirement for a license that is | 265 |
specified in division
(D)(1)(l) of section 2923.125 of the | 266 |
Revised Code if the person
has a competency certification of any | 267 |
type described in division
(B)(3) of that section, regardless of | 268 |
when the certification was issued, and the person has read the | 269 |
pamphlet
described in division (B)(4) of that section, regardless | 270 |
of
whether the person has submitted to another person | 271 |
certifications
of the types described in divisions (B)(3) and (4) | 272 |
of that
section. For purposes of this division, a period of time | 273 |
specified
in division (D)(1) of that section that is measured | 274 |
from the date
of application shall be measured from the current | 275 |
date. | 276 |
(3) If the person is stopped for a law enforcement purpose, | 302 |
if the person is carrying a concealed handgun, and if the person | 303 |
is approached by any law enforcement officer while stopped, | 304 |
knowingly remove or attempt to remove the loaded handgun from the | 305 |
holster, pocket, or other place in which the person is carrying | 306 |
it, knowingly grasp or hold the loaded handgun, or knowingly have | 307 |
contact with the loaded handgun by touching it with the person's | 308 |
hands or fingers at any time after the law enforcement officer | 309 |
begins approaching and before the law enforcement officer leaves, | 310 |
unless the person removes, attempts to remove, grasps, holds, or | 311 |
has contact with the loaded handgun pursuant to and in accordance | 312 |
with directions given by the law enforcement officer; | 313 |
(2) Division (A)(2) of this
section does not apply to any | 340 |
person who, at
the time of the
alleged carrying or
possession of a | 341 |
handgun, is
carryingqualifies for a license or has a valid | 342 |
license or temporary emergency
license to carry a
concealed | 343 |
handgun issued to
the person under
section
2923.125 or 2923.1213 | 344 |
of
the Revised
Code or a license to
carry a concealed handgun | 345 |
that was issued by another state with
which the attorney general | 346 |
has entered into a reciprocity
agreement under section 109.69 of | 347 |
the Revised Code, unless the
person
knowingly
is in a place | 348 |
described in division
(B) of
section 2923.126 of the
Revised
Code. | 349 |
(F)(E)(1) Whoever violates this
section is guilty of carrying | 374 |
concealed weapons. Except as otherwise provided in this division | 375 |
or division (F)(2) of this section, carrying concealed weapons
in | 376 |
violation of division (A) of this section is a misdemeanor of
the | 377 |
first degree. Except as otherwise provided in this division or | 378 |
division (F)(2) of this section, if the
offender previously has | 379 |
been convicted of a violation of this
section or of any offense of | 380 |
violence, if the weapon involved is a
firearm
that is
either | 381 |
loaded or for which the offender has
ammunition ready at
hand, or | 382 |
if the weapon involved is dangerous
ordnance,
carrying concealed | 383 |
weapons in violation of division (A) of this section is a felony | 384 |
of the
fourth
degree. Except as otherwise provided in division | 385 |
(F)(2) of this section, ifIf
the
offense is committed aboard an | 386 |
aircraft, or with purpose
to
carry
a concealed weapon aboard an | 387 |
aircraft, regardless of the
weapon
involved, carrying concealed | 388 |
weapons
in violation of
division (A) of this section is a
felony | 389 |
of the
third degree. | 390 |
(2) If a person being arrested for a violation of division | 391 |
(A)(2) of this section promptly produces a competency | 392 |
certification, in the case of a person who qualifies for a | 393 |
license, or a valid license or
temporary emergency license to | 394 |
carry a concealed handgun issued
under section 2923.125 or | 395 |
2923.1213 of the Revised Code or a
license to carry a concealed | 396 |
handgun that was issued by another
state with which the attorney | 397 |
general has entered into a
reciprocity agreement under section | 398 |
109.69 of the Revised Code,
and if at the time of the violation | 399 |
the person was not knowingly
in a place described in division (B) | 400 |
of section 2923.126 of the
Revised Code, the officer shall not | 401 |
arrest the person for a
violation of that division. If the person | 402 |
is not able to promptly
produce any of those types of license and | 403 |
if the person is not in
a place described in that section, the | 404 |
officer may arrest the
person for a violation of that division, | 405 |
and the offender shall be
punished as follows: | 406 |
(i) Within ten days after the arrest, the offender presents a | 409 |
license or temporary emergency license to carry a concealed | 410 |
handgun issued under section 2923.125 or 2923.1213 of the Revised | 411 |
Code or a license to carry a concealed handgun that was issued by | 412 |
another state with which the attorney general has entered into a | 413 |
reciprocity agreement under section 109.69 of the Revised Code, | 414 |
which license was valid at the time of the arrest to the law | 415 |
enforcement agency that employs the arresting officer. | 416 |
(3) Except as otherwise provided in this division,
carrying | 442 |
concealed weapons in violation of division (B)(1) of this
section | 443 |
is a misdemeanor of the first degree, and, in addition to
any | 444 |
other penalty or sanction imposed for a violation of division | 445 |
(B)(1) of this section, the offender's license
or temporary | 446 |
emergency license to carry a concealed handgun shall be suspended | 447 |
pursuant to division (A)(2) of section
2923.128 of the Revised | 448 |
Code. If, at the time of the stop of the
offender for a law | 449 |
enforcement purpose that was the basis of the
violation, any law | 450 |
enforcement officer involved with the stop had
actual knowledge | 451 |
that the offender has
been issued a license
or
temporary | 452 |
emergency license to carry a
concealed handgun,
carrying | 453 |
concealed weapons in violation of
division (B)(1) of this | 454 |
section
is a minor misdemeanor, and the offender's license or | 455 |
temporary
emergency
license to carry a concealed handgun shall | 456 |
not
be
suspended pursuant to division (A)(2) of section 2923.128 | 457 |
of
the
Revised Code. | 458 |
(4) Carrying concealed weapons in violation of division | 459 |
(B)(2) or (4) of this section is a misdemeanor of the first degree | 460 |
or, if the offender previously has been convicted of or pleaded | 461 |
guilty to a violation of division (B)(2) or (4) of this section, a | 462 |
felony of the fifth degree. In addition to any other penalty or | 463 |
sanction imposed for a misdemeanor violation of division (B)(2) or | 464 |
(4) of this section, the offender's license or
temporary | 465 |
emergency
license to carry a concealed handgun shall be suspended | 466 |
pursuant
to division (A)(2) of section
2923.128 of the Revised | 467 |
Code. | 468 |
(G)(F) If a law enforcement officer stops a person to | 471 |
question
the person regarding a possible violation of this | 472 |
section, for a
traffic stop, or for any other law enforcement | 473 |
purpose, if the
person surrenders a firearm to the officer, | 474 |
either
voluntarily or
pursuant to a request or demand of the | 475 |
officer, and
if the
officer does not charge the person with a | 476 |
violation of this
section or arrest the person for any offense, | 477 |
the person is not
otherwise prohibited by law from possessing the | 478 |
firearm, and the
firearm is not contraband, the officer shall | 479 |
return the firearm to
the person at the termination of the stop. | 480 |
If a court orders a law
enforcement officer to return a firearm | 481 |
to a person pursuant to
the requirement set forth in this | 482 |
division, division (B) of
section 2923.163 of the Revised Code | 483 |
applies. | 484 |
(a) An officer, agent, or
employee of this or any other state | 498 |
or the United States, or a
law enforcement officer, who is | 499 |
authorized to carry deadly weapons or
dangerous ordnance and is | 500 |
acting within the scope of the officer's, agent's, or employee's | 501 |
duties,
a security officer employed by a board of education or | 502 |
governing
body of a school during the time that the security | 503 |
officer is on
duty pursuant to that contract of employment, or | 504 |
any other
person who has written authorization from the board of | 505 |
education
or governing body of a school to convey deadly weapons | 506 |
or
dangerous ordnance into a school
safety zone or to
possess a | 507 |
deadly weapon or dangerous ordnance in a
school
safety zone and | 508 |
who conveys or possesses the deadly weapon or dangerous ordnance | 509 |
in accordance
with that authorization; | 510 |
(2) Division (C) of this section does not apply to
premises | 517 |
upon
which home schooling is conducted. Division (C) of
this | 518 |
section
also does not apply to a school administrator, teacher, or | 519 |
employee who possesses an object that is indistinguishable from a | 520 |
firearm for
legitimate school purposes during the course of | 521 |
employment, a student who uses
an object that is indistinguishable | 522 |
from a firearm under the direction of a
school administrator, | 523 |
teacher, or employee, or any other person who with the
express | 524 |
prior approval of a school administrator possesses
an object that | 525 |
is indistinguishable from a firearm for a legitimate purpose, | 526 |
including the use of the object in a ceremonial activity, a play, | 527 |
reenactment,
or other dramatic presentation, or a ROTC activity or | 528 |
another similar
use of the object. | 529 |
(E)(1) Whoever violates division (A)
or (B) of this section | 566 |
is guilty of illegal
conveyance or possession of a deadly weapon | 567 |
or
dangerous ordnance
in a school safety zone.
Except as | 568 |
otherwise provided in this division, illegal conveyance or | 569 |
possession of a deadly weapon or dangerous
ordnance in a school | 570 |
safety zone is a felony of the fifth degree. If the
offender | 571 |
previously has been convicted of a violation of this section, | 572 |
illegal conveyance or possession of a deadly
weapon or dangerous | 573 |
ordnance in a school safety zone is a
felony of the fourth degree. | 574 |
(2) Whoever violates division (C) of this section is
guilty | 575 |
of illegal possession of an object indistinguishable from a | 576 |
firearm
in a
school
safety zone. Except as otherwise provided in | 577 |
this
division, illegal possession
of an object indistinguishable | 578 |
from a firearm in a school
safety zone is a misdemeanor of the | 579 |
first degree. If
the offender previously has
been convicted of a | 580 |
violation of this section, illegal possession of an object | 581 |
indistinguishable from a firearm in a school
safety zone is a | 582 |
felony of the fifth
degree. | 583 |
(F)(1) In addition to any other penalty imposed upon a
person | 584 |
who
is convicted of or pleads guilty to a violation
of this | 585 |
section and subject to division (F)(2) of this
section, if the | 586 |
offender has not attained nineteen years of age, regardless of | 587 |
whether the
offender is attending or is enrolled in a school | 588 |
operated by a board of
education or for which the state board of | 589 |
education prescribes minimum
standards under section 3301.07 of | 590 |
the Revised Code, the
court shall impose upon the offender a
class | 591 |
four suspension
of the
offender's probationary
driver's
license, | 592 |
restricted
license, driver's license,
commercial
driver's license, | 593 |
temporary
instruction permit, or probationary
commercial
driver's | 594 |
license
that then is in effect from the
range specified in | 595 |
division
(A)(4) of section
4510.02 of the Revised Code and
shall | 596 |
deny
the
offender the
issuance of
any
permit
or license of that | 597 |
type
during the
period
of
the
suspension. | 598 |
(a) Except as provided in division (E) of this section, a | 627 |
peace officer, or an officer of a law enforcement
agency of | 628 |
another state, a political subdivision of another
state,
or the | 629 |
United
States, who is authorized to
carry a deadly weapon
or | 630 |
dangerous ordnance, who possesses or
has under that
individual's | 631 |
control a deadly weapon or dangerous
ordnance as a
requirement of | 632 |
that individual's duties, and who
is acting within
the scope of | 633 |
that individual's duties at the
time of that
possession or | 634 |
control; | 635 |
(b) Except as provided in division (E) of this section, a | 636 |
person who is employed in this state, who is authorized to carry a | 637 |
deadly weapon or dangerous ordnance, who possesses or has under | 638 |
that individual's control a deadly weapon or dangerous ordnance as | 639 |
a requirement of that person's duties, and who is subject to and | 640 |
in compliance with the requirements of section 109.801 of the | 641 |
Revised Code, unless the appointing authority of the person has | 642 |
expressly specified that the exemption provided in division | 643 |
(C)(2)(b) of this section does not apply to the person. | 644 |
(5) Except as provided in division (E) of this section, a | 656 |
prosecutor, or a secret service officer appointed
by a
county | 657 |
prosecuting attorney, who is authorized to carry a
deadly
weapon | 658 |
or dangerous ordnance in the performance of the
individual's | 659 |
duties, who possesses or has under that individual's
control a | 660 |
deadly weapon
or dangerous ordnance
as a requirement of
that | 661 |
individual's duties, and who is acting
within the scope of
that | 662 |
individual's duties at the time of that
possession or
control; | 663 |
(6) Except as provided in division (E) of this section, a | 664 |
person who conveys or attempts to convey
a handgun
into a | 665 |
courthouse or into another building or
structure in which a | 666 |
courtroom is located, who, at the time of
the conveyance or | 667 |
attempt, is carryingqualifies for a license or has a valid | 668 |
license or temporary emergency license to carry a concealed | 669 |
handgun
issued to the person under section 2923.125 or 2923.1213 | 670 |
of the Revised
Code or a license to carry a concealed handgun that | 671 |
was issued by another state with which the attorney general has | 672 |
entered into a reciprocity agreement under section 109.69 of the | 673 |
Revised Code,
and who
transfers possession of the handgun to the | 674 |
officer or
officer's
designee who has charge of the courthouse
or | 675 |
building.
The
officer shall secure the handgun until the
licensee | 676 |
or person who qualifies for a license is
prepared to
leave the | 677 |
premises. The exemption described in this
division applies only | 678 |
if the officer who has charge of the
courthouse or building | 679 |
provides services of the nature described
in this division. An | 680 |
officer who has charge of the courthouse or
building is not | 681 |
required to offer services of the nature described
in this | 682 |
division. | 683 |
(D)(1) Whoever violates division (A) of this section is | 684 |
guilty of illegal conveyance of a deadly weapon or dangerous | 685 |
ordnance into a courthouse. Except as otherwise provided in this | 686 |
division,
illegal conveyance of a deadly weapon or dangerous | 687 |
ordnance into a courthouse
is a felony of the fifth degree. If
the | 688 |
offender previously has been
convicted of a violation of
division | 689 |
(A) or (B) of this
section, illegal conveyance of a
deadly weapon | 690 |
or dangerous ordnance into a
courthouse is a felony
of the fourth | 691 |
degree. | 692 |
(2) Whoever violates division (B)
of this section is guilty | 693 |
of illegal possession or control of a
deadly weapon or dangerous | 694 |
ordnance in a courthouse. Except as otherwise
provided in this | 695 |
division, illegal possession or control of a deadly weapon or | 696 |
dangerous ordnance in a courthouse is a felony of the fifth | 697 |
degree. If the
offender previously has been convicted of a | 698 |
violation of division (A)
or (B) of this section, illegal | 699 |
possession or control of a deadly
weapon or dangerous ordnance in | 700 |
a courthouse is a felony of the fourth
degree. | 701 |
(E) The exemptions described in divisions (C)(1), (2)(a), | 702 |
(2)(b), (4), (5), and (6) of this section do not apply to any | 703 |
judge, magistrate, peace officer, officer of a law enforcement | 704 |
agency, bailiff, deputy bailiff, prosecutor, secret service | 705 |
officer, or other person described in any of those divisions if a | 706 |
rule of superintendence or another type of rule adopted by the | 707 |
supreme court pursuant to Article IV, Ohio Constitution, or an | 708 |
applicable local rule of court prohibits all persons from | 709 |
conveying or attempting to convey a deadly weapon or dangerous | 710 |
ordnance into a courthouse or into another building or structure | 711 |
in which a courtroom is located or from possessing or having under | 712 |
one's control a deadly weapon or dangerous ordnance in a | 713 |
courthouse or in another building or structure in which a | 714 |
courtroom is located. | 715 |
Sec. 2923.125.
(A) Upon the request of a person who wishes | 777 |
to obtain a license to carry a concealed handgun or to renew a | 778 |
license to carry a concealed handgun, a sheriff, as provided in | 779 |
division (I) of this section, shall provide to
the person free of | 780 |
charge an application form and a copy of the
pamphlet described in | 781 |
division (B) of section 109.731 of the
Revised Code. A sheriff | 782 |
shall accept a completed application form and the fee, items, | 783 |
materials, and information specified in divisions (B)(1) to (5) of | 784 |
this section at the times and in the manners described in division | 785 |
(I) of this section. | 786 |
(1) A nonrefundable license fee prescribed by the Ohio
peace | 792 |
officer training commission pursuant to division (C) of
section | 793 |
109.731 of the Revised Code, except that the sheriff
shall
waive | 794 |
the payment of the license fee
in connection with an
initial
or | 795 |
renewal application for a license that is
submitted by
an | 796 |
applicant who is a retired peace officer, a
retired person | 797 |
described in division (B)(1)(b) of section 109.77
of
the Revised | 798 |
Code, or a retired federal law enforcement officer
who, prior to | 799 |
retirement, was authorized under federal law to
carry a firearm in | 800 |
the course of duty, unless the retired peace officer, person, or | 801 |
federal law enforcement
officer retired as the result of a mental | 802 |
disability; | 803 |
(3) One or more of the following
competency
certifications, | 806 |
each of which shall reflect that, regarding a certification | 807 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 808 |
section, within
the three
years immediately preceding the | 809 |
application the
applicant has
performed that to which the | 810 |
competency certification
relates and that, regarding a | 811 |
certification described in division (B)(3)(d) of this section, the | 812 |
applicant currently is an active or reserve member of the armed | 813 |
forces of the United States or within the six years immediately | 814 |
preceding the application the honorable discharge or retirement to | 815 |
which the competency certification relates occurred: | 816 |
(iii) It was offered
by or under the auspices of a
law | 833 |
enforcement agency of this or
another state or the United
States, | 834 |
a public or private college,
university, or other similar | 835 |
postsecondary educational
institution
located in this or another | 836 |
state, a firearms training
school
located in this or another | 837 |
state, or another type of public
or
private entity or organization | 838 |
located in this or another
state. | 839 |
(c) An original or photocopy of a certificate of completion | 842 |
of a state, county, municipal, or department of natural resources | 843 |
peace officer training school that is approved by the executive | 844 |
director
of the Ohio peace officer training commission pursuant to | 845 |
section
109.75 of the Revised Code and that complies with the | 846 |
requirements set forth in division (G) of this section, or the | 847 |
applicant has satisfactorily
completed and been issued a | 848 |
certificate of completion of a basic
firearms training program, a | 849 |
firearms requalification training
program, or another basic | 850 |
training program described in section
109.78 or 109.801 of the | 851 |
Revised Code that complies with the requirements set forth in | 852 |
division (G) of this section; | 853 |
(i) That the applicant is an active or reserve member of
the | 855 |
armed forces of the United States, was honorably discharged
from | 856 |
military service in the active or reserve armed forces of the | 857 |
United States, is a retired trooper of the state highway patrol, | 858 |
or is a retired peace officer or federal law enforcement officer | 859 |
described in division (B)(1) of this section or a retired person | 860 |
described in division (B)(1)(b) of section 109.77 of the Revised | 861 |
Code and division (B)(1) of this section; | 862 |
(ii) That, through participation in the military service or | 863 |
through the former employment described in division
(B)(3)(d)(i) | 864 |
of this
section, the applicant acquired experience
with handling | 865 |
handguns
or other firearms, and the experience so
acquired was | 866 |
equivalent
to training that the applicant could have
acquired in a | 867 |
course,
class, or program described in division
(B)(3)(a), (b), or | 868 |
(c) of
this section. | 869 |
(e) A certificate or another similar document that evidences | 870 |
satisfactory completion of a firearms training, safety, or | 871 |
requalification or firearms safety instructor course, class, or | 872 |
program that is not otherwise
described in division (B)(3)(a), | 873 |
(b), (c), or (d) of this section,
that was conducted by an | 874 |
instructor who was certified by an
official or entity of the | 875 |
government of this or another state or
the United States or by the | 876 |
national rifle association, and that
complies with the | 877 |
requirements set forth in division (G) of this
section; | 878 |
(f) An affidavit that attests to the applicant's
satisfactory | 879 |
completion of a course, class, or program described
in division | 880 |
(B)(3)(a), (b), (c), or (e) of this section and that
is subscribed | 881 |
by the applicant's instructor or an authorized
representative of | 882 |
the entity that offered the course, class, or
program or under | 883 |
whose auspices the course, class, or program was
offered. | 884 |
(D)(1) Except as provided in division (D)(3) or (4)
of
this | 903 |
section, within forty-five days after a sheriff's receipt
of
an | 904 |
applicant's
completed application form for a license to
carry a | 905 |
concealed
handgun, the supporting documentation, and, if
not | 906 |
waived, the license
fee, the sheriff shall make available
through | 907 |
the law enforcement automated data system in accordance
with | 908 |
division (H) of this section the information described in
that | 909 |
division and, upon making the information available through
the | 910 |
system, shall issue to the applicant a
license to carry a | 911 |
concealed handgun that shall expire as described in division | 912 |
(D)(2)(a) of this section if all of the
following apply: | 913 |
(i) If a person is absent from the United States, from this | 920 |
state, or from a particular county in this state in compliance | 921 |
with military or naval orders as an active or reserve member of | 922 |
the armed forces of the United States and if prior to leaving this | 923 |
state in compliance with those orders the person was legally | 924 |
living in the United States and was a resident of this state, the | 925 |
person, solely by reason of that absence, shall not be considered | 926 |
to have lost the person's status as living in the United States or | 927 |
the person's residence in this state or in the county in which the | 928 |
person was a resident prior to leaving this state in compliance | 929 |
with those orders, without regard to whether or not the person | 930 |
intends to return to this state or to that county, shall not be | 931 |
considered to have acquired a residence in any other state, and | 932 |
shall not be considered to have become a resident of any other | 933 |
state. | 934 |
(ii) If a person is present in this state in compliance with | 935 |
military or naval orders as an active or reserve member of the | 936 |
armed forces of the United States for at least forty-five days, | 937 |
the person shall be considered to have been a resident of this | 938 |
state for that period of at least forty-five days, and, if a | 939 |
person is present in a county of this state in compliance with | 940 |
military or naval orders as an active or reserve member of the | 941 |
armed forces of the United States for at least thirty days, the | 942 |
person shall be considered to have been a resident of that county | 943 |
for that period of at least thirty days. | 944 |
(e) Except as otherwise provided in division (D)(5) of
this | 953 |
section, the applicant has not been convicted of or pleaded | 954 |
guilty
to a felony or an offense under Chapter
2925., 3719., or | 955 |
4729. of
the Revised Code that involves the
illegal possession, | 956 |
use, sale,
administration, or distribution of
or trafficking in a | 957 |
drug of
abuse; has not been adjudicated a delinquent child for | 958 |
committing
an act that if committed by an adult would be a felony | 959 |
or would be
an offense under Chapter 2925., 3719., or 4729. of | 960 |
the Revised
Code that involves the illegal possession, use, sale, | 961 |
administration, or distribution of or trafficking in a drug of | 962 |
abuse; and has not been convicted of, pleaded guilty to, or | 963 |
adjudicated a delinquent child for committing a violation of | 964 |
section
2903.13 of the Revised Code when the victim of the | 965 |
violation is a
peace officer, regardless of whether the applicant | 966 |
was sentenced
under division (C)(3) of that section. | 967 |
(f) Except as otherwise provided in division (D)(5) of
this | 968 |
section, the applicant, within three years of the date of the | 969 |
application, has not been convicted of or pleaded guilty to a | 970 |
misdemeanor offense of violence other than a
misdemeanor violation | 971 |
of section 2921.33 of the Revised Code or a
violation of section | 972 |
2903.13 of the Revised Code when the victim
of the violation is a | 973 |
peace officer, or a misdemeanor violation of
section 2923.1211 of | 974 |
the Revised Code; and has not been adjudicated a delinquent child | 975 |
for committing an act that if committed by an adult would be a | 976 |
misdemeanor offense of violence other than a misdemeanor violation | 977 |
of section 2921.33 of the Revised Code or a violation of section | 978 |
2903.13 of the Revised Code when the victim of the violation is a | 979 |
peace officer or for committing an act that if committed by an | 980 |
adult would be a misdemeanor violation of section 2923.1211 of the | 981 |
Revised Code. | 982 |
(i) The applicant has not been adjudicated as a mental | 993 |
defective, has not been committed to any mental institution, is | 994 |
not under adjudication of mental incompetence, has not been found | 995 |
by a court to be a mentally ill person subject to hospitalization | 996 |
by court order, and is not an involuntary patient other than one | 997 |
who is a patient only for purposes of observation. As used in this | 998 |
division, "mentally ill person subject to hospitalization by court | 999 |
order" and "patient" have the same meanings as in section 5122.01 | 1000 |
of the Revised Code. | 1001 |
(b) If a sheriff denies an application under this section | 1032 |
because the applicant does not satisfy the criteria described in | 1033 |
division (D)(1) of this section, the sheriff shall specify the | 1034 |
grounds for the denial in a written notice to the applicant. The | 1035 |
applicant may appeal the denial pursuant to section 119.12 of the | 1036 |
Revised Code in the county served by the sheriff who denied the | 1037 |
application. If the denial was as a result of the criminal records | 1038 |
check conducted pursuant to section 311.41 of the Revised Code and | 1039 |
if, pursuant to section 2923.127 of the Revised Code, the | 1040 |
applicant challenges the criminal records check results using the | 1041 |
appropriate challenge and review procedure specified in that | 1042 |
section, the time for filing the appeal pursuant to section 119.12 | 1043 |
of the Revised Code and this division is tolled during the | 1044 |
pendency of the request or the challenge and review. If the court | 1045 |
in an appeal under section 119.12 of the Revised Code and this | 1046 |
division enters a judgment sustaining the sheriff's refusal to | 1047 |
grant to the applicant a license to carry a concealed handgun, the | 1048 |
applicant may file a new application beginning one year after the | 1049 |
judgment is entered. If the court enters a judgment in favor of | 1050 |
the applicant, that judgment shall not restrict the authority of a | 1051 |
sheriff to suspend or revoke the license pursuant to section | 1052 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 1053 |
the license for any proper cause that may occur after the date the | 1054 |
judgment is entered. In the appeal, the court shall have full | 1055 |
power to dispose of all costs. | 1056 |
(5) If an applicant has been convicted of or pleaded guilty | 1071 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 1072 |
this section or has been adjudicated a delinquent child for | 1073 |
committing an act or violation identified in any of those | 1074 |
divisions, and if a court has ordered the sealing or expungement | 1075 |
of the records of that conviction, guilty plea, or adjudication | 1076 |
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to | 1077 |
2953.36 of the Revised Code or a court has granted the applicant | 1078 |
relief pursuant to section 2923.14 of the Revised Code from the | 1079 |
disability imposed pursuant to section 2923.13 of the Revised Code | 1080 |
relative to that conviction, guilty plea, or adjudication, the | 1081 |
sheriff with whom the application was submitted shall not consider | 1082 |
the conviction, guilty plea, or adjudication in making a | 1083 |
determination under division (D)(1) or (F) of this section or, in | 1084 |
relation to an application for a temporary emergency license to | 1085 |
carry a concealed handgun submitted under section 2923.1213 of the | 1086 |
Revised Code, in making a determination under division (B)(2) of | 1087 |
that section. | 1088 |
(E) If a license to carry a concealed handgun issued under | 1089 |
this section is lost or is destroyed, the licensee may obtain from | 1090 |
the sheriff who issued that license a duplicate license upon the | 1091 |
payment of a fee of fifteen dollars and the submission of an | 1092 |
affidavit attesting to the loss or destruction of the license. The | 1093 |
sheriff, in accordance with the procedures prescribed in section | 1094 |
109.731 of the Revised Code, shall place on the replacement | 1095 |
license a combination of identifying numbers different from the | 1096 |
combination on the license that is being replaced. | 1097 |
(F)(1) A licensee who wishes to renew a license to carry a | 1098 |
concealed handgun issued under this section shall do so not | 1099 |
earlier than ninety days before the expiration date of the license
| 1100 |
or at any time after the
expiration
date of
the
license by | 1101 |
filing with the sheriff of the
county in
which the
applicant | 1102 |
resides or with the sheriff of an
adjacent
county an
application | 1103 |
for renewal of the license
obtained
pursuant to
division (D) of | 1104 |
this section, a certification by the applicant
that,
subsequent | 1105 |
to the issuance of the license, the applicant
has
reread the | 1106 |
pamphlet prepared by the Ohio peace officer
training
commission | 1107 |
pursuant to section 109.731 of the Revised
Code that
reviews | 1108 |
firearms, dispute resolution, and use of deadly
force
matters, | 1109 |
and a
nonrefundable
license
renewal fee unless the fee is waived, | 1110 |
and
one of the following: | 1111 |
(2) A sheriff shall accept a completed renewal
application, | 1124 |
the license renewal fee, and information
specified in division | 1125 |
(F)(1) of this section at the times and
in the manners
described | 1126 |
in division (I) of this section. Upon
receipt of a completed | 1127 |
renewal application, of certification
that the applicant has | 1128 |
reread the
specified
pamphlet prepared by
the Ohio peace | 1129 |
officer training
commission,
of proof of a prior
competency | 1130 |
certification for an initial renewal or of a
renewed
competency | 1131 |
certification for a second or subsequent renewal, and
of a | 1132 |
license
renewal fee unless
the fee is waived, a
sheriff, in
the | 1133 |
manner
specified in section
311.41 of the Revised Code shall | 1134 |
conduct or
cause to be conducted
the criminal
records check and | 1135 |
the
incompetency records check
described in
section 311.41 of | 1136 |
the
Revised Code.
The
sheriff
shall
renew the license if
the | 1137 |
sheriff
determines that
the
applicant
continues to satisfy the | 1138 |
requirements described in
division (D)(1)
of this section, except | 1139 |
that the applicant is not required to meet the
requirements of | 1140 |
division (D)(1)(l) of this section. A
renewed license
that is | 1141 |
renewed on or after
March 14, 2007, shall expire
five years | 1142 |
after
the date of
issuance, and a renewed license that
is | 1143 |
renewed
prior to March
14, 2007,
shall expire
four
years after | 1144 |
the date of issuance. A
renewed
license is subject to
division | 1145 |
(E) of this section and
sections
2923.126 and 2923.128 of
the | 1146 |
Revised Code. A sheriff
shall
comply
with divisions (D)(2) to | 1147 |
(4)
of this section when
the
circumstances described in those | 1148 |
divisions apply to a
requested
license renewal. If a sheriff | 1149 |
denies the renewal of a
license to
carry a concealed handgun, | 1150 |
the
applicant may appeal
the denial,
or challenge the criminal | 1151 |
record
check results that
were the
basis of the denial if | 1152 |
applicable, in
the same manner as
specified in division | 1153 |
(D)(2)(b) of this section
and in section
2923.127 of the Revised | 1154 |
Code, regarding the denial
of a license
under this section. | 1155 |
(G)(1) Each course, class, or program described in division | 1156 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 1157 |
person who takes the course, class, or program a copy of the | 1158 |
pamphlet prepared by the Ohio peace officer training commission | 1159 |
pursuant to section 109.731 of the Revised Code that reviews | 1160 |
firearms, dispute resolution, and use of deadly force matters. | 1161 |
Each such course, class, or program described in one of those | 1162 |
divisions shall include at least twelve hours of training
in the | 1163 |
safe handling and use of a firearm that shall include all
of
the | 1164 |
following: | 1165 |
(4) A person who previously has received a competency | 1195 |
certification as
described in division (B)(3) of this section, or | 1196 |
who previously
has received a renewed competency certification as | 1197 |
described in
this division, may obtain a renewed competency | 1198 |
certification
pursuant to this division. If the person previously | 1199 |
has received a competency
certification or previously has | 1200 |
received a renewed competency
certification, the person may | 1201 |
obtain a renewed competency
certification from an entity that | 1202 |
offers a course, class, or
program described in division | 1203 |
(B)(3)(a), (b), (c), or (e) of this
section by passing a
test | 1204 |
that demonstrates that the person is range
competent. In
these | 1205 |
circumstances, the person is not required to
attend the
course, | 1206 |
class, or program or
to take
the competency examination described | 1207 |
in division (G)(2) of
this section for the renewed
competency | 1208 |
certification in order to
be eligible to receive a renewed | 1209 |
competency certification. A renewed
competency certification | 1210 |
issued under this
division shall be
dated and shall attest that | 1211 |
the person has demonstrated range
competency. | 1212 |
(H) Upon deciding to issue a license, deciding to issue a | 1213 |
replacement license, or deciding to renew a license to carry a | 1214 |
concealed handgun pursuant to this section, and before actually | 1215 |
issuing or renewing the license, the sheriff shall make available | 1216 |
through the law enforcement automated data system all information | 1217 |
contained on the license. If the license subsequently is suspended | 1218 |
under division (A)(1) or (2) of section 2923.128 of the Revised | 1219 |
Code, revoked pursuant to division (B)(1) of section 2923.128 of | 1220 |
the Revised Code, or lost or destroyed, the sheriff also shall | 1221 |
make available through the law enforcement automated data system a | 1222 |
notation of that fact. The superintendent of the state highway | 1223 |
patrol shall ensure that the law enforcement automated data system | 1224 |
is so configured as to permit the transmission through the system | 1225 |
of the information specified in this division. | 1226 |
(I) A sheriff shall accept a completed application form or | 1227 |
renewal application, and the fee, items, materials, and | 1228 |
information specified in divisions (B)(1) to (5) or division (F) | 1229 |
of this section, whichever is applicable, and shall provide an | 1230 |
application form or renewal application and a copy of the pamphlet | 1231 |
described in division (B) of section 109.731 of the Revised Code | 1232 |
to any person during at least fifteen hours a week. The sheriff | 1233 |
shall post notice of the hours during which the sheriff is | 1234 |
available to accept or provide the information described in this | 1235 |
division. | 1236 |
Sec. 2923.126. (A) A license to carry a concealed handgun | 1241 |
that is issued under section 2923.125 of the Revised Code on or | 1242 |
after March 14, 2007, shall
expire five years after the date of | 1243 |
issuance, and a license that
is so issued prior to March
14, | 1244 |
2007, shall
expire four years after the date of issuance. A | 1245 |
licensee who has been issued a license under that section shall be | 1246 |
granted a grace period of thirty days after the licensee's license | 1247 |
expires during which the licensee's license remains valid. Except | 1248 |
as provided in
divisions (B) and (C) of this section, a licensee | 1249 |
who has been issued a license under section 2923.125 or 2923.1213 | 1250 |
of the Revised Code
may carry a concealed
handgun anywhere in this | 1251 |
state if the
licensee also carries a
valid license and valid | 1252 |
identification
when the licensee is in
actual possession of a | 1253 |
concealed handgun.
The licensee shall give
notice of any change in | 1254 |
the licensee's
residence address to the
sheriff who issued the | 1255 |
license within
forty-five days after that
change. | 1256 |
If a licensee
is the driver or an occupant of a motor | 1257 |
vehicle
that is stopped
as the result of a traffic stop or a | 1258 |
stop for
another law
enforcement purpose and if the licensee is | 1259 |
transporting or
has a loaded handgun in the motor vehicle at that | 1260 |
time, the licensee shall promptly inform any law enforcement | 1261 |
officer
who approaches the vehicle while stopped that
the | 1262 |
licensee has been issued a license or temporary
emergency license | 1263 |
to carry
a concealed
handgun and that the
licensee currently | 1264 |
possesses or
has a loaded
handgun; the
licensee shall not | 1265 |
knowingly disregard
or fail to comply
with lawful orders of a | 1266 |
law enforcement officer
given while the
motor vehicle is | 1267 |
stopped, knowingly fail to remain
in the motor
vehicle while | 1268 |
stopped, or knowingly fail to keep the
licensee's
hands in plain | 1269 |
sight after any law enforcement officer
begins approaching the | 1270 |
licensee while stopped and before
the
officer leaves, unless | 1271 |
directed otherwise by a law
enforcement
officer; and the | 1272 |
licensee shall not knowingly
remove, attempt to
remove, grasp, | 1273 |
or hold the loaded handgun or
knowingly have
contact with the | 1274 |
loaded handgun by touching it
with the licensee's hands or | 1275 |
fingers, in any manner in
violation of division (E) of
section | 1276 |
2923.16 of the Revised Code,
after any law enforcement
officer | 1277 |
begins approaching the licensee while stopped and before
the | 1278 |
officer leaves. Additionally,
if a licensee is
the driver or
an | 1279 |
occupant of a commercial motor vehicle that is
stopped by an | 1280 |
employee of the motor carrier enforcement unit for
the purposes | 1281 |
defined in section 5503.04 of the Revised Code and
if the | 1282 |
licensee is transporting or has a loaded handgun in
the | 1283 |
commercial motor
vehicle at that time, the licensee shall | 1284 |
promptly inform the
employee of the unit who approaches the | 1285 |
vehicle while stopped that
the licensee has been issued a license | 1286 |
or temporary emergency
license to carry a concealed handgun and | 1287 |
that the licensee currently possesses or has a loaded handgun. | 1288 |
If a licensee
is stopped for a law enforcement purpose and | 1289 |
if
the licensee is carrying a concealed handgun at the time the | 1290 |
officer
approaches, the licensee shall promptly inform any law | 1291 |
enforcement officer who approaches the licensee while
stopped | 1292 |
that
the licensee has
been issued a license or temporary | 1293 |
emergency
license to carry a
concealed handgun and that the | 1294 |
licensee currently is
carrying a concealed handgun; the licensee | 1295 |
shall not
knowingly disregard or fail to comply with lawful | 1296 |
orders of a law
enforcement officer given while the licensee is | 1297 |
stopped or
knowingly fail to keep the licensee's hands in plain | 1298 |
sight after
any law enforcement officer begins approaching the | 1299 |
licensee while
stopped and before the officer leaves,
unless | 1300 |
directed otherwise
by a law enforcement officer; and the | 1301 |
licensee shall not knowingly
remove, attempt to remove,
grasp, | 1302 |
or hold the loaded handgun or
knowingly have contact with
the | 1303 |
loaded handgun by touching it with
the licensee's
hands or | 1304 |
fingers, in any manner in violation of
division (B) of
section | 1305 |
2923.12 of the Revised Code, after any law
enforcement
officer | 1306 |
begins approaching the licensee while stopped
and before
the | 1307 |
officer leaves. | 1308 |
(B) A competency certification described in or valid license | 1309 |
issued under section 2923.125 or
2923.1213 of the Revised
Code | 1310 |
does not authorize the licenseeholder of the certification
or | 1311 |
license to
carry a concealed handgun in any manner prohibited | 1312 |
under division
(B) of section 2923.12 of the Revised Code or in | 1313 |
any manner
prohibited under section 2923.16 of the Revised Code. | 1314 |
A competency certification or
valid license does not authorize | 1315 |
the licenseeholder of the certification or license to carry
a | 1316 |
concealed
handgun into any of the following places: | 1317 |
(1) A police station, sheriff's office,
or state highway | 1318 |
patrol
station, premises controlled by the bureau
of criminal | 1319 |
identification and investigation, a state correctional | 1320 |
institution,
jail, workhouse, or other
detention facility, an | 1321 |
airport
passenger terminal, or an institution that is maintained, | 1322 |
operated, managed, and governed pursuant to division (A) of | 1323 |
section 5119.02 of the Revised Code or division (A)(1) of section | 1324 |
5123.03 of the Revised Code; | 1325 |
(7) A child day-care center, a type A family day-care home, a | 1344 |
type B family day-care home, or a type C family day-care home, | 1345 |
except that this division does not prohibit a licensee who resides | 1346 |
in a type A family
day-care home, a type B family day-care home, | 1347 |
or a type C family
day-care home from carrying a concealed | 1348 |
handgun
at any time in
any part of the home that is not | 1349 |
dedicated or used
for day-care
purposes, or from carrying a | 1350 |
concealed handgun in a
part of the
home that is dedicated or | 1351 |
used for day-care purposes
at any time
during which no children, | 1352 |
other than children of that
licensee, are in the home; | 1353 |
(C)(1) Nothing in this section shall negate or restrict a | 1366 |
rule,
policy, or practice of a private employer that is not a | 1367 |
private
college, university, or other institution of higher | 1368 |
education
concerning or
prohibiting the presence of firearms on | 1369 |
the private
employer's
premises or property, including motor | 1370 |
vehicles owned by
the private employer. Nothing in this section | 1371 |
shall require a private employer of that nature to adopt a rule, | 1372 |
policy, or practice concerning or prohibiting the presence of | 1373 |
firearms on the private employer's premises or property, including | 1374 |
motor vehicles owned by the private employer. | 1375 |
(2)(a) A private employer shall be immune from liability in a | 1376 |
civil action for any injury, death, or loss to person or property | 1377 |
that allegedly was caused by or related to a person who qualifies | 1378 |
for a license or who is a licensee bringing a
handgun onto the | 1379 |
premises or property of the private employer,
including motor | 1380 |
vehicles owned by the private employer, unless the
private | 1381 |
employer acted with malicious purpose. A private employer
is | 1382 |
immune from liability in a civil action for any injury, death,
or | 1383 |
loss to person or property that allegedly was caused by or | 1384 |
related to the private employer's decision to permit a person who | 1385 |
qualifies for a license or who is a licensee to
bring, or | 1386 |
prohibit a licensee from bringing, a handgun onto the
premises or | 1387 |
property of the private employer. As used in this
division, | 1388 |
"private employer" includes a private college,
university, or | 1389 |
other institution of higher education. | 1390 |
(b) A political subdivision shall be immune from liability in | 1391 |
a civil action, to the extent and in the manner provided in | 1392 |
Chapter 2744. of the Revised Code, for any injury, death, or loss | 1393 |
to person or property that allegedly was caused by or related to a | 1394 |
person who qualifies for a license or who is a
licensee bringing | 1395 |
a handgun onto any premises or property owned,
leased, or | 1396 |
otherwise under the control of the political
subdivision. As used | 1397 |
in this division, "political subdivision" has
the same meaning as | 1398 |
in section 2744.01 of the Revised Code. | 1399 |
(3)(a) Except as provided in division (C)(3)(b) of this | 1400 |
section, the owner or person in control of private land or | 1401 |
premises, and a private person or entity leasing land or premises | 1402 |
owned by the state, the United States, or a political subdivision | 1403 |
of the state or the United States, may post a sign in a | 1404 |
conspicuous location on that land or on those premises prohibiting | 1405 |
persons from carrying firearms or concealed firearms on or onto | 1406 |
that land or those premises. Except as otherwise provided in
this | 1407 |
division, a person who knowingly violates a posted
prohibition of | 1408 |
that nature is guilty of criminal trespass in
violation of | 1409 |
division (A)(4) of section 2911.21 of the Revised
Code and is | 1410 |
guilty of a misdemeanor of the fourth degree. If a
person | 1411 |
knowingly violates a posted prohibition of that nature and
the | 1412 |
posted land or premises primarily was a parking lot or other | 1413 |
parking facility, the person is not guilty of criminal trespass in | 1414 |
violation of division (A)(4) of section 2911.21 of the Revised | 1415 |
Code and instead is subject only to a civil cause of action for | 1416 |
trespass based on the violation. | 1417 |
(D)
A person who holds a license to carry a concealed
handgun | 1431 |
that was issued pursuant to the law of another state that is | 1432 |
recognized by the attorney general pursuant to a reciprocity | 1433 |
agreement entered into pursuant to section 109.69 of the Revised | 1434 |
Code has
the same right to carry a
concealed handgun in this
state | 1435 |
as a
person who was issued a license to carry a concealed handgun | 1436 |
under
section 2923.125 of the Revised Code and is subject to the | 1437 |
same
restrictions that apply to a person who carries a license | 1438 |
issued
under that section. | 1439 |
(F)(1) A qualified retired peace officer who possesses a | 1445 |
retired peace officer identification card issued pursuant to | 1446 |
division (F)(2) of this section and a valid firearms | 1447 |
requalification certification issued pursuant to division (F)(3) | 1448 |
of this section has the same right to carry a concealed handgun in | 1449 |
this state as a person who was issued a license to carry a | 1450 |
concealed handgun under section 2923.125 of the Revised Code and | 1451 |
is subject to the same restrictions that apply to a person who | 1452 |
carries a license issued under that section. For purposes of | 1453 |
reciprocity with other states, a qualified retired peace officer | 1454 |
who possesses a retired peace officer identification card issued | 1455 |
pursuant to division (F)(2) of this section and a valid firearms | 1456 |
requalification certification issued pursuant to division (F)(3) | 1457 |
of this section shall be considered to be a licensee in this | 1458 |
state. | 1459 |
(iv) Before retiring from service as a peace officer with | 1478 |
that agency, the person was regularly employed as a peace officer | 1479 |
for an aggregate of fifteen years or more, or, in the alternative, | 1480 |
the person retired from service as a peace officer with that | 1481 |
agency, after completing any applicable probationary period of | 1482 |
that service, due to a service-connected disability, as determined | 1483 |
by the agency. | 1484 |
(b) A retired peace officer identification card issued to a | 1485 |
person under division (F)(2)(a) of this section shall identify the | 1486 |
person by name, contain a photograph of the person, identify the | 1487 |
public agency of this state or of the political subdivision of | 1488 |
this state from which the person retired as a peace officer and | 1489 |
that is issuing the identification card, and specify that the | 1490 |
person retired in good standing from service as a peace officer | 1491 |
with the issuing public agency and satisfies the criteria set | 1492 |
forth in divisions (F)(2)(a)(i) to (iv) of this section. In | 1493 |
addition to the required content specified in this division, a | 1494 |
retired peace officer identification card issued to a person under | 1495 |
division (F)(2)(a) of this section may include the firearms | 1496 |
requalification certification described in division (F)(3) of this | 1497 |
section, and if the identification card includes that | 1498 |
certification, the identification card shall serve as the firearms | 1499 |
requalification certification for the retired peace officer. If | 1500 |
the issuing public agency issues credentials to active law | 1501 |
enforcement officers who serve the agency, the agency may comply | 1502 |
with division (F)(2)(a) of this section by issuing the same | 1503 |
credentials to persons who retired from service as a peace officer | 1504 |
with the agency and who satisfy the criteria set forth in | 1505 |
divisions (F)(2)(a)(i) to (iv) of this section, provided that
the | 1506 |
credentials so issued to retired peace officers are stamped
with | 1507 |
the word "RETIRED." | 1508 |
(3) If a person retired from service as a peace officer with | 1514 |
a public agency of this state or of a political subdivision of | 1515 |
this state and the person satisfies the criteria set forth in | 1516 |
divisions (F)(2)(a)(i) to (iv) of this section, the public
agency | 1517 |
may provide the retired peace officer with the opportunity
to | 1518 |
attend a firearms requalification program that is approved for | 1519 |
purposes of firearms requalification required under section | 1520 |
109.801 of the Revised Code. The retired peace officer may be | 1521 |
required to pay the cost of the course. | 1522 |
If a retired peace officer who satisfies the criteria set | 1523 |
forth in divisions (F)(2)(a)(i) to (iv) of this section attends
a | 1524 |
firearms requalification program that is approved for purposes
of | 1525 |
firearms requalification required under section 109.801 of the | 1526 |
Revised Code, the retired peace officer's successful completion of | 1527 |
the firearms requalification program requalifies the retired peace | 1528 |
officer for purposes of division (F) of this section for
five | 1529 |
years from the date on which the program was successfully | 1530 |
completed, and
the requalification is valid during that | 1531 |
five-year period. If a
retired peace officer who satisfies the | 1532 |
criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this | 1533 |
section satisfactorily
completes such a firearms requalification | 1534 |
program, the retired
peace officer shall be issued a firearms | 1535 |
requalification
certification that identifies the retired peace | 1536 |
officer by name,
identifies the entity that taught the program, | 1537 |
specifies that the
retired peace officer successfully completed | 1538 |
the program,
specifies the date on which the course was | 1539 |
successfully completed,
and specifies that the requalification is | 1540 |
valid for five years from
that date of successful
completion. | 1541 |
The firearms requalification
certification for a
retired peace | 1542 |
officer may be included in the
retired peace
officer | 1543 |
identification card issued to the retired
peace officer
under | 1544 |
division (F)(2) of this section. | 1545 |
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid | 1573 |
license issued under section 2923.125 or 2923.1213 of the Revised | 1574 |
Code
is arrested for or otherwise charged with an offense | 1575 |
described in
division
(D)(1)(d) of section 2923.125 of the Revised | 1576 |
Code or with a violation of section 2923.15 of the Revised Code or | 1577 |
becomes subject to a temporary protection order or to a protection | 1578 |
order issued by a court of another state that is substantially | 1579 |
equivalent to a temporary protection order,
the
sheriff who
issued | 1580 |
the license or temporary emergency license shall suspend it and | 1581 |
shall
comply
with division
(A)(3)(2) of this section upon becoming | 1582 |
aware of
the
arrest, charge,
or protection order. Upon suspending | 1583 |
the license or temporary emergency license, the sheriff also shall | 1584 |
comply with division (H) of section 2923.125 of the Revised Code. | 1585 |
(b) A suspension under division (A)(1)(a) of this section | 1586 |
shall
be considered as beginning on the date that the licensee is | 1587 |
arrested for or otherwise charged with an offense described in | 1588 |
that division or on the date the appropriate court issued the | 1589 |
protection order described in that division,
irrespective of when | 1590 |
the sheriff notifies the
licensee under
division (A)(3) of this | 1591 |
section. The suspension
shall end on the
date on which the charges | 1592 |
are dismissed or the
licensee is found
not guilty of the offense | 1593 |
described in division
(A)(1)(a) of this
section or, subject to | 1594 |
division (B) of this section, on the date
the appropriate court | 1595 |
terminates the protection order
described in that division. If the | 1596 |
suspension so ends, the
sheriff
shall return the license or | 1597 |
temporary emergency license to the licensee. | 1598 |
(2)(a) If a licensee holding a valid license issued under | 1599 |
section 2923.125 or 2923.1213 of the Revised Code is convicted of | 1600 |
or pleads guilty to a misdemeanor violation of division (B)(1), | 1601 |
(2), or (4) of section 2923.12 of the Revised Code or of division | 1602 |
(E)(3), (4), or (6) of section 2923.16 of the Revised Code, except | 1603 |
as provided in division (A)(2)(c) of this section and subject to | 1604 |
division (C) of this section, the sheriff who
issued the license | 1605 |
or temporary emergency license shall suspend it
and shall comply | 1606 |
with division (A)(3) of this section upon
becoming aware of the | 1607 |
conviction or guilty plea. Upon suspending
the license or | 1608 |
temporary emergency license, the sheriff also shall
comply with | 1609 |
division (H) of section 2923.125 of the Revised Code. | 1610 |
(b) A suspension under division (A)(2)(a) of this section | 1611 |
shall be considered as beginning on the date that the licensee is | 1612 |
convicted of or pleads guilty to the offense described in that | 1613 |
division, irrespective of when the sheriff notifies the licensee | 1614 |
under division (A)(3) of this section. If the suspension is | 1615 |
imposed for a misdemeanor violation of division (B)(1) or (2) of | 1616 |
section 2923.12 of the Revised Code or of division (E)(3) or (4) | 1617 |
of section 2923.16 of the Revised Code, it shall end on the
date | 1618 |
that is one year after the date that the licensee is
convicted of | 1619 |
or pleads guilty to that violation. If the suspension
is imposed | 1620 |
for a misdemeanor violation of division (B)(4) of
section 2923.12 | 1621 |
of the Revised Code or of division (E)(6) of
section 2923.16 of | 1622 |
the Revised Code, it shall end on the date that
is two years | 1623 |
after the date that the licensee is convicted of or
pleads guilty | 1624 |
to that violation. If the licensee's license was
issued under | 1625 |
section 2923.125 of the Revised Code and the license
remains | 1626 |
valid after the suspension ends as described in this
division, | 1627 |
when the suspension ends, the sheriff shall return the
license to | 1628 |
the licensee. If the licensee's license was issued
under section | 1629 |
2923.125 of the Revised Code and the license expires
before the | 1630 |
suspension ends as described in this division, or if
the | 1631 |
licensee's license was issued under section 2923.1213 of the | 1632 |
Revised Code, the licensee is not eligible to apply for a new | 1633 |
license under section 2923.125 or 2923.1213 of the Revised Code or | 1634 |
to renew the license under section 2923.125 of the Revised Code | 1635 |
until after the suspension ends as described in this division. | 1636 |
(c) The license of a licensee who is convicted of or pleads | 1637 |
guilty to a violation of division (B)(1) of section 2923.12 or | 1638 |
division (E)(3) of section 2923.16 of the Revised Code shall not | 1639 |
be suspended pursuant to division (A)(2)(a) of this section if, at | 1640 |
the time of the stop of the licensee for a law enforcement | 1641 |
purpose, for a traffic stop, or for a purpose defined in section | 1642 |
5503.34 of the Revised Code that was the basis of the violation, | 1643 |
any law enforcement officer involved with the stop or the employee | 1644 |
of the motor
carrier
enforcement unit who made the stop had | 1645 |
actual
knowledge of the licensee's status as a licensee. | 1646 |
(3) Upon becoming aware of an arrest, charge, or
protection | 1647 |
order described in
division (A)(1)(a) of this section with
respect | 1648 |
to a licensee who was issued a license under section 2923.125 or | 1649 |
2923.1213 of the Revised Code, or a conviction of or plea of | 1650 |
guilty to a misdemeanor offense described in division (A)(2)(a) of | 1651 |
this section with respect to a licensee who was issued a license | 1652 |
under either section and with respect to which division (A)(2)(c) | 1653 |
of this section does not apply, subject to division (C) of this | 1654 |
section,
the
sheriff who issued the
licensee's
license or | 1655 |
temporary emergency license to carry a
concealed
handgun shall | 1656 |
notify the licensee, by
certified mail,
return
receipt requested, | 1657 |
at the licensee's last
known residence
address
that the license | 1658 |
or temporary emergency license has been
suspended and
that the | 1659 |
licensee is
required to
surrender the
license or temporary | 1660 |
emergency license at the
sheriff's office
within
ten days of
the | 1661 |
date on which the notice
was mailed. If the
suspension is | 1662 |
pursuant to division (A)(2) of this section, the
notice shall | 1663 |
identify the date on which the suspension ends. | 1664 |
(2) Upon becoming aware of any circumstance listed in | 1702 |
division (B)(1) of this section that applies to a particular | 1703 |
licensee who was issued a license under section 2923.125 or | 1704 |
2923.1213 of the Revised Code, subject to division (C) of this | 1705 |
section, the sheriff who issued the license
or temporary | 1706 |
emergency license to carry a concealed
handgun to the
licensee | 1707 |
shall notify the licensee, by certified
mail, return
receipt | 1708 |
requested, at the licensee's last known
residence address
that | 1709 |
the license or temporary emergency license is subject to | 1710 |
revocation and
that the licensee may come to the sheriff's office | 1711 |
and contest the
sheriff's proposed revocation within fourteen days | 1712 |
of the date on
which the notice was mailed. After the fourteen-day | 1713 |
period and
after consideration of any information that the | 1714 |
licensee provides
during that period, if the sheriff determines on | 1715 |
the basis of the
information of which the sheriff is aware that | 1716 |
the licensee is
described in division (B)(1) of this section and | 1717 |
no longer
satisfies the requirements described in division (D)(1) | 1718 |
of section
2923.125 of the Revised Code that are applicable to the | 1719 |
licensee's type of license, the sheriff shall revoke the
license | 1720 |
or temporary emergency license, notify the licensee of that fact, | 1721 |
and require the
licensee to surrender the license or temporary | 1722 |
emergency license. Upon revoking the license or temporary | 1723 |
emergency license, the sheriff also shall comply with division (H) | 1724 |
of section 2923.125 of the Revised Code. | 1725 |
(C) If a sheriff who issues a license or temporary emergency | 1726 |
license to carry a concealed handgun to a licensee under section | 1727 |
2923.125 or 2923.1213 of the Revised Code becomes aware that at | 1728 |
the time of the issuance of the license or temporary emergency | 1729 |
license the licensee had been convicted of or pleaded guilty to an | 1730 |
offense identified in division (D)(1)(e), (f), or (h) of section | 1731 |
2923.125 of the Revised Code or had been adjudicated a delinquent | 1732 |
child for committing an act or violation identified in any of | 1733 |
those divisions or becomes aware that on or after the date on | 1734 |
which the license or temporary emergency license was issued the | 1735 |
licensee has been convicted of or pleaded guilty to an offense | 1736 |
identified in division (A)(2)(a) or (B)(1)(c) of this section, the | 1737 |
sheriff shall not consider that conviction, guilty plea, or | 1738 |
adjudication as having occurred for purposes of divisions (A)(2), | 1739 |
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered | 1740 |
the sealing or expungement of the records of that conviction, | 1741 |
guilty plea, or adjudication pursuant to sections 2151.355 to | 1742 |
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a | 1743 |
court has granted the licensee relief pursuant to section 2923.14 | 1744 |
of the Revised Code from the disability imposed pursuant to | 1745 |
section 2923.13 of the Revised Code relative to that conviction, | 1746 |
guilty plea, or adjudication. | 1747 |
Sec. 2923.1212.
(A) The following persons, boards, and | 1750 |
entities, or designees, shall post in the following locations a | 1751 |
sign that contains a statement in
substantially the
following | 1752 |
form:
"Unless otherwise authorized
by law, pursuant to
the Ohio | 1753 |
Revised Code, no person shall knowingly
possess, have
under the | 1754 |
person's control, convey, or attempt to
convey a deadly
weapon or | 1755 |
dangerous ordnance onto these
premises.": | 1756 |
(4) Each sheriff, chief
of police, or person in charge of | 1767 |
every county, multicounty,
municipal, municipal-county, or | 1768 |
multicounty-municipal jail or
workhouse, community-based | 1769 |
correctional facility, halfway house,
alternative residential | 1770 |
facility, or other local or state correctional
institution or | 1771 |
detention facility within the state, or that person's designee, in | 1772 |
a conspicuous location at that facility under
that
person's | 1773 |
charge; | 1774 |
(9) The officer of this state or of a political
subdivision | 1789 |
of this state, or the officer's designee, who has
charge of a | 1790 |
building that is a government facility of
this state or the | 1791 |
political
subdivision
of this state,
as
defined in section | 1792 |
2923.126 of the Revised Code, and that is not a
building that is | 1793 |
used primarily as a shelter, restroom, parking
facility for motor | 1794 |
vehicles, or rest facility and is not a
courthouse or other | 1795 |
building or structure in which a courtroom is
located that is | 1796 |
subject to division (B)(3) of that section. | 1797 |
(B) The following boards, bodies, and persons, or designees, | 1798 |
shall post in the following locations a sign that
contains a | 1799 |
statement in substantially
the following form:
"Unless
otherwise | 1800 |
authorized by law, pursuant to
Ohio Revised Code section
2923.122, | 1801 |
no
person shall knowingly possess, have under the
person's | 1802 |
control,
convey, or attempt to convey a deadly weapon or
dangerous | 1803 |
ordnance into a school safety zone.": | 1804 |
(b) A written document prepared by a governmental entity or | 1824 |
public official describing the facts that give the person seeking | 1825 |
to carry a concealed handgun reasonable cause to fear a criminal | 1826 |
attack upon the person or a member of the person's family, such as | 1827 |
would justify a prudent person in going armed. Written documents | 1828 |
of this nature include, but are not limited to, any temporary | 1829 |
protection order, civil protection order, protection order issued | 1830 |
by another state, or other court order, any court report, and any | 1831 |
report filed with or made by a law enforcement agency or | 1832 |
prosecutor. | 1833 |
(b) A sworn affidavit that contains all of the information | 1841 |
required to be on the license and attesting that the person is | 1842 |
legally living in the United States; is at least twenty-one years | 1843 |
of age; is not a fugitive from justice; is not under indictment | 1844 |
for or otherwise charged with an offense identified in division | 1845 |
(D)(1)(d) of section 2923.125 of the Revised Code; has not been | 1846 |
convicted of or pleaded guilty to an offense, and has not been | 1847 |
adjudicated a delinquent child for committing an act, identified | 1848 |
in division (D)(1)(e) of that section and to which division (B)(3) | 1849 |
of this section does not apply; within three years of the date of | 1850 |
the submission, has not been convicted of or pleaded guilty to an | 1851 |
offense, and has not been adjudicated a delinquent child for | 1852 |
committing an act, identified in division (D)(1)(f) of that | 1853 |
section and to which division (B)(3) of this section does not | 1854 |
apply; within five years of the date of the submission, has not | 1855 |
been convicted of, pleaded guilty, or adjudicated a delinquent | 1856 |
child for committing two or more violations identified in division | 1857 |
(D)(1)(g) of that section; within ten years of the date of the | 1858 |
submission, has not been convicted of, pleaded guilty, or | 1859 |
adjudicated a delinquent child for committing a violation | 1860 |
identified in division (D)(1)(h) of that section and to which | 1861 |
division (B)(3) of this section does not apply; has not been | 1862 |
adjudicated as a mental defective, has not been committed to any | 1863 |
mental institution, is not under adjudication of mental | 1864 |
incompetence, has not been found by a court to be a mentally ill | 1865 |
person subject to hospitalization by court order, and is not an | 1866 |
involuntary patient other than one who is a patient only for | 1867 |
purposes of observation, as described in division (D)(1)(i) of | 1868 |
that section; and is not currently subject to a civil protection | 1869 |
order, a temporary protection order, or a protection order issued | 1870 |
by a court of another state, as described in division (D)(1)(j) of | 1871 |
that section; and is not currently subject to a suspension imposed | 1872 |
under division (A)(2) of section 2923.128 of the Revised Code of a | 1873 |
license to carry a concealed handgun, or a temporary emergency | 1874 |
license to carry a concealed handgun, that previously was issued | 1875 |
to the person; | 1876 |
(d) A set of fingerprints of the applicant provided as | 1881 |
described in section 311.41 of the Revised Code through use of an | 1882 |
electronic fingerprint reading device or, if the sheriff to whom | 1883 |
the application is submitted does not possess and does not have | 1884 |
ready access to the use of an electronic fingerprint reading | 1885 |
device, on a standard impression sheet prescribed pursuant to | 1886 |
division (C)(2) of section 109.572 of the Revised Code. If the | 1887 |
fingerprints are provided on a standard impression sheet, the | 1888 |
person also shall provide the person's social security number to | 1889 |
the sheriff. | 1890 |
(2) A sheriff shall accept the evidence of imminent danger, | 1891 |
the sworn affidavit, the fee, and the set of fingerprints required | 1892 |
under division (B)(1) of this section at the times and in the | 1893 |
manners described in division (I) of this section. Upon receipt of | 1894 |
the evidence of imminent danger, the sworn affidavit, the fee, and | 1895 |
the set of fingerprints required under division (B)(1) of this | 1896 |
section, the sheriff, in the manner specified in section 311.41 of | 1897 |
the Revised Code, immediately shall conduct or cause to be | 1898 |
conducted the criminal records check and the incompetency records | 1899 |
check described in section 311.41 of the Revised Code. Immediately | 1900 |
upon receipt of the results of the records checks, the sheriff | 1901 |
shall review the information and shall determine whether the | 1902 |
criteria set forth in divisions (D)(1)(a) to (j) and (m) of | 1903 |
section 2923.125 of the Revised Code apply regarding the person. | 1904 |
If the sheriff determines that all of criteria set forth in | 1905 |
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the | 1906 |
Revised Code apply regarding the person, the sheriff shall | 1907 |
immediately make available through the law enforcement automated | 1908 |
data system all information that will be contained on the | 1909 |
temporary emergency license for the person if one is issued, and | 1910 |
the superintendent of the state highway patrol shall ensure that | 1911 |
the system is so configured as to permit the transmission through | 1912 |
the system of that information. Upon making that information | 1913 |
available through the law enforcement automated data system, the | 1914 |
sheriff shall immediately issue to the person a temporary | 1915 |
emergency license to carry a concealed handgun. | 1916 |
If the sheriff denies the issuance of a temporary emergency | 1917 |
license to the person, the sheriff shall specify the grounds for | 1918 |
the denial in a written notice to the person. The person may | 1919 |
appeal the denial, or challenge criminal records check results | 1920 |
that were the basis of the denial if applicable, in the same | 1921 |
manners specified in division (D)(2) of section 2923.125 and in | 1922 |
section 2923.127 of the Revised Code, regarding the denial of an | 1923 |
application for a license to carry a concealed handgun under that | 1924 |
section. | 1925 |
(3) If a person seeking a temporary emergency license to | 1938 |
carry a concealed handgun has been convicted of or pleaded guilty | 1939 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 1940 |
section 2923.125 of the Revised Code or has been adjudicated a | 1941 |
delinquent child for committing an act or violation identified in | 1942 |
any of those divisions, and if a court has ordered the sealing or | 1943 |
expungement of the records of that conviction, guilty plea, or | 1944 |
adjudication pursuant to sections 2151.355 to 2151.358 or sections | 1945 |
2953.31 to 2953.36 of the Revised Code or a court has granted the | 1946 |
applicant relief pursuant to section 2923.14 of the Revised Code | 1947 |
from the disability imposed pursuant to section 2923.13 of the | 1948 |
Revised Code relative to that conviction, guilty plea, or | 1949 |
adjudication, the conviction, guilty plea, or adjudication shall | 1950 |
not be relevant for purposes of the sworn affidavit described in | 1951 |
division (B)(1)(b) of this section, and the person may complete, | 1952 |
and swear to the truth of, the affidavit as if the conviction, | 1953 |
guilty plea, or adjudication never had occurred. | 1954 |
(C) A person who holds a temporary emergency license to carry | 1955 |
a concealed handgun has the same right to carry a concealed | 1956 |
handgun as a person who was issued a license to carry a concealed | 1957 |
handgun under section 2923.125 of the Revised Code, and any | 1958 |
exceptions to the prohibitions contained in section 1547.69 and | 1959 |
sections 2923.12 to 2923.16 of the Revised Code for a licensee | 1960 |
under section 2923.125 of the Revised Code apply to a licensee | 1961 |
under this section. The person is subject to the same | 1962 |
restrictions, and to all other procedures, duties, and sanctions, | 1963 |
that apply to a person who carries a license issued under section | 1964 |
2923.125 of the Revised Code, other than the license renewal | 1965 |
procedures set forth in that section. | 1966 |
(D) A sheriff who issues a temporary emergency license to | 1967 |
carry a concealed handgun under this section shall not require a | 1968 |
person seeking to carry a concealed handgun in accordance with | 1969 |
this section to submit a competency certificate as a prerequisite | 1970 |
for issuing the license and shall comply with division (H) of | 1971 |
section 2923.125 of the Revised Code in regards to the license. | 1972 |
The sheriff shall suspend or revoke the license in accordance with | 1973 |
section 2923.128 of the Revised Code. In addition to the | 1974 |
suspension or revocation procedures set forth in section 2923.128 | 1975 |
of the Revised Code, the sheriff may revoke the
license upon | 1976 |
receiving information, verifiable by public documents, that the | 1977 |
person is not eligible to possess a
firearm under either the laws | 1978 |
of this state or of the United States or that the person committed | 1979 |
perjury in obtaining the license; if the sheriff revokes a license | 1980 |
under this additional authority, the sheriff
shall notify the | 1981 |
person, by certified mail, return receipt requested, at the | 1982 |
person's last known residence address that the license has been | 1983 |
revoked and that the person is required to surrender the license | 1984 |
at the sheriff's office within ten days of the date on which the | 1985 |
notice was
mailed. Division (H) of section 2923.125 of the | 1986 |
Revised Code applies regarding any suspension or revocation of a | 1987 |
temporary emergency license to carry a concealed handgun. | 1988 |
(F) If a temporary emergency license to carry a concealed | 1995 |
handgun issued under this section is lost or is destroyed, the | 1996 |
licensee may obtain from the sheriff who issued that license a | 1997 |
duplicate license upon the payment of a fee of fifteen dollars and | 1998 |
the submission of an affidavit attesting to the loss or | 1999 |
destruction of the license. The sheriff, in accordance with the | 2000 |
procedures prescribed in section 109.731 of the Revised Code, | 2001 |
shall place on the replacement license a combination of | 2002 |
identifying numbers different from the combination on the license | 2003 |
that is being replaced. | 2004 |
(I) A sheriff shall accept evidence of imminent danger, a | 2015 |
sworn affidavit, the fee, and the set of fingerprints specified in | 2016 |
division (B)(1) of this section at any time during normal business | 2017 |
hours. In no case shall a sheriff require an appointment, or | 2018 |
designate a specific period of time, for the submission or | 2019 |
acceptance of evidence of imminent danger, a sworn affidavit, the | 2020 |
fee, and the set of fingerprints specified in division (B)(1) of | 2021 |
this section, or for the provision to any person of a standard | 2022 |
form to be used for a person to apply for a temporary emergency | 2023 |
license to carry a concealed handgun. | 2024 |
(2) The person's whole blood, blood serum or plasma, breath, | 2053 |
or urine contains a concentration of alcohol, a listed controlled | 2054 |
substance, or a listed metabolite of a controlled substance | 2055 |
prohibited for
persons operating a vehicle, as specified in | 2056 |
division (A) of
section 4511.19 of the Revised Code, regardless | 2057 |
of whether the
person at the time of the transportation or | 2058 |
possession as
described in this division is the operator of or a | 2059 |
passenger in
the motor vehicle. | 2060 |
(b) The loaded handgun is in a closed case, bag, box, or | 2069 |
other container that is in plain sight and that has a lid, a | 2070 |
cover, or a closing mechanism with a zipper, snap, or buckle, | 2071 |
which lid, cover, or closing mechanism must be opened for a person | 2072 |
to gain access to the handgun. | 2073 |
(2) If the person is transporting or has a loaded handgun in | 2077 |
a motor vehicle in a manner authorized under division (E)(1) of | 2078 |
this section, knowingly remove or attempt to remove the loaded | 2079 |
handgun from the holster, case, bag, box, container, or glove | 2080 |
compartment, knowingly grasp or hold the loaded handgun, or | 2081 |
knowingly have contact with the loaded handgun by touching it with | 2082 |
the person's hands or fingers while the motor vehicle is being | 2083 |
operated on a street, highway, or public property unless the | 2084 |
person removes, attempts to remove, grasps, holds, or has the | 2085 |
contact with the loaded handgun pursuant to and in accordance with | 2086 |
directions given by a law enforcement officer; | 2087 |
(3) If the person is the driver or an occupant of a motor | 2088 |
vehicle that is stopped as a result of a traffic stop or a stop | 2089 |
for another law enforcement purpose or is the driver or an | 2090 |
occupant of a commercial motor vehicle that is stopped by an | 2091 |
employee of the motor carrier enforcement unit for the purposes | 2092 |
defined in section 5503.34 of the Revised Code, and if the person | 2093 |
is transporting or has a loaded handgun in the motor vehicle or | 2094 |
commercial motor vehicle in any manner, fail to do any of the | 2095 |
following that is applicable: | 2096 |
(4) If the person is the driver or an occupant of a motor | 2112 |
vehicle that is stopped as a result of a traffic stop or a stop | 2113 |
for another law enforcement purpose and if the person is | 2114 |
transporting or has a loaded handgun in the motor vehicle in any | 2115 |
manner, knowingly fail to remain in the motor vehicle while | 2116 |
stopped or knowingly fail to keep the person's hands in plain | 2117 |
sight at any time after any law enforcement officer begins | 2118 |
approaching the person while stopped and before the law | 2119 |
enforcement officer leaves, unless the failure is pursuant to and | 2120 |
in accordance with directions given by a law enforcement officer; | 2121 |
(5) If the person, who is the driver or an occupant of a | 2122 |
motor
vehicle that is stopped as a result of a traffic stop or a | 2123 |
stop
for another law enforcement purpose, if the personand who | 2124 |
is transporting
or has a loaded handgun in the motor vehicle in a | 2125 |
manner
authorized under division (E)(1) of this section, and if | 2126 |
the
person is approached by any law enforcement officer while | 2127 |
stopped,
knowingly remove or attempt to remove the loaded handgun | 2128 |
from the
holster, case, bag, box, container, or glove | 2129 |
compartment,
knowingly grasp or hold the loaded handgun, or | 2130 |
knowingly have
contact with the loaded handgun by touching it | 2131 |
with the person's
hands or fingers in the motor vehicle at any | 2132 |
time after the law
enforcement officer begins approaching and | 2133 |
before the law
enforcement officer leavesshall, while stopped, | 2134 |
knowingly
brandish the loaded handgun in a menacing manner while | 2135 |
a law
enforcement officer is approaching the vehicle or in a law | 2136 |
enforcement officer's presence, knowingly threaten a law | 2137 |
enforcement officer with the loaded handgun, knowingly point the | 2138 |
loaded handgun at a law enforcement officer, or otherwise | 2139 |
knowingly cause a law enforcement officer to believe that the | 2140 |
person will cause or attempt to cause physical harm to a law | 2141 |
enforcement officer with the handgun, unless the person removes, | 2142 |
attempts to
remove, grasps, holds, or has contact with the loaded | 2143 |
handgunengages in the conduct pursuant to and in accordance with | 2144 |
directions given by the law
enforcement officer; | 2145 |
(6) If the person is the driver or an occupant of a motor | 2146 |
vehicle that is stopped as a result of a traffic stop or a stop | 2147 |
for another law enforcement purpose and if the person is | 2148 |
transporting or has a loaded handgun in the motor vehicle in any | 2149 |
manner, knowingly disregard or fail to comply with any lawful | 2150 |
order of any law enforcement officer given while the motor vehicle | 2151 |
is stopped, including, but not limited to, a specific order to the | 2152 |
person to keep the person's hands in plain sight. | 2153 |
(2) It is an affirmative defense to a charge under division | 2293 |
(B) or (C) of this section of improperly handling firearms in a | 2294 |
motor vehicle that the actor transported or had the firearm in the | 2295 |
motor vehicle for any lawful purpose and while the motor vehicle | 2296 |
was on the actor's own property, provided that this affirmative | 2297 |
defense is not available unless the person, immediately prior to | 2298 |
arriving at
the actor's own property, did not transport or | 2299 |
possess the firearm
in a motor vehicle in a manner prohibited by | 2300 |
division (B) or (C)
of this section while the motor vehicle was | 2301 |
being operated on a
street, highway, or other public or private | 2302 |
property used by the
public for vehicular traffic. | 2303 |
(I) Whoever violates this section is guilty of improperly | 2310 |
handling firearms in a motor vehicle. Violation of division (A)
of | 2311 |
this section is a felony of the fourth degree.
Violation of | 2312 |
division (C) of this section is a misdemeanor of the
fourth | 2313 |
degree. A violation of division (D) of this section is a felony of | 2314 |
the fifth degree or, if the loaded handgun is concealed on the | 2315 |
person's person, a felony of the fourth degree. Except as | 2316 |
otherwise provided in this division, a violation of division | 2317 |
(E)(3) of this section is a misdemeanor of the first degree, and, | 2318 |
in addition to any other penalty or sanction imposed for the | 2319 |
violation, the offender's license or temporary
emergency license | 2320 |
to carry a concealed handgun shall
be suspended pursuant to | 2321 |
division (A)(2) of section 2923.128 of
the Revised Code. If at | 2322 |
the
time of the stop of the offender for
a traffic stop, for | 2323 |
another
law enforcement purpose, or for a
purpose defined in | 2324 |
section
5503.34 of the Revised Code that was
the basis of the | 2325 |
violation
any law enforcement officer involved
with the stop or | 2326 |
the employee
of the motor
carrier
enforcement
unit who made | 2327 |
the stop had
actual
knowledge of the offender's
status as a | 2328 |
licensee, a
violation of
division (E)(3) of this section is a | 2329 |
minor
misdemeanor, and the
offender's license or
temporary | 2330 |
emergency
license to carry a
concealed handgun shall not be | 2331 |
suspended
pursuant to division
(A)(2) of
section 2923.128 of | 2332 |
the Revised
Code. A violation of
division
(E)(1), (2), or (5) | 2333 |
of this section
is a felony of the
fifth
degree. A violation of | 2334 |
division (E)(4)
or (6) of this
section is
a misdemeanor of the | 2335 |
first degree or,
if the offender
previously
has been convicted | 2336 |
of or pleaded
guilty to a violation
of
division (E)(4) or (6) | 2337 |
of this section,
a felony of the fifth
degree. In addition to | 2338 |
any other penalty or
sanction imposed for
a
misdemeanor | 2339 |
violation of division (E)(4)
or (6) of this
section,
the | 2340 |
offender's license or temporary
emergency license to carry a | 2341 |
concealed handgun shall
be suspended
pursuant to division (A)(2) | 2342 |
of section 2923.128 of
the Revised
Code. A violation of division | 2343 |
(B) of this section is whichever of
the following is applicable: | 2344 |
(1) If, at the time of the transportation or possession in | 2345 |
violation of division (B) of this section, the offender was | 2346 |
carrying a valid license or temporary emergency license to carry a | 2347 |
concealed handgun issued to the offender under section 2923.125 or | 2348 |
2923.1213 of the Revised Code or a license to carry a concealed | 2349 |
handgun that was issued by another state with which the attorney | 2350 |
general has entered into a reciprocity agreement under section | 2351 |
109.69 of the Revised Code and the offender was not knowingly in a | 2352 |
place described in division (B) of section 2923.126 of the Revised | 2353 |
Code, the violation is a misdemeanor of the first degree or, if | 2354 |
the offender previously has been convicted of or pleaded guilty to | 2355 |
a violation of division (B) of this section, a felony of the | 2356 |
fourth degree. | 2357 |
(J) If a law enforcement officer stops a motor vehicle for a | 2360 |
traffic stop or any other purpose, if any person in the motor | 2361 |
vehicle surrenders a firearm to the officer, either voluntarily or | 2362 |
pursuant to a request or demand of the officer, and if the officer | 2363 |
does not charge the person with a violation of this section or | 2364 |
arrest the person for any offense, the person is not otherwise | 2365 |
prohibited by law from possessing the firearm, and the firearm is | 2366 |
not contraband, the officer shall return the firearm to the person | 2367 |
at the termination of the stop. If a court orders a law | 2368 |
enforcement officer to return a firearm to a person pursuant to | 2369 |
the requirement set forth in this division, division (B) of | 2370 |
section 2923.163 of the Revised Code applies. | 2371 |
Section 3. Section 2923.16 of the Revised Code is
presented | 2400 |
in
this act as a composite of the section as amended by
both Sub. | 2401 |
S.B. 184 and Sub. S.B. 209 of
the 127th General
Assembly. The | 2402 |
General Assembly, applying the
principle stated in
division (B) | 2403 |
of section 1.52 of the Revised
Code that amendments
are to be | 2404 |
harmonized if reasonably capable of
simultaneous
operation, finds | 2405 |
that the composite is the resulting
version of
the section in | 2406 |
effect prior to the effective date of
the section
as presented in | 2407 |
this act. | 2408 |