Bill Text: OH HB425 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: With respect to authority for concealed carry licensees to possess or store a handgun in a motor vehicle in the State Underground Parking Garage or in any parking garage or lot that is owned and operated by the Ohio Building Authority or is all or part of a state government facility.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2012-01-24 - To State Government & Elections [HB425 Detail]

Download: Ohio-2011-HB425-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 425

Representatives Maag, Johnson 

Cosponsors: Representatives Adams, J., Uecker, Brenner, Hayes, Beck, Buchy, Boose, Goodwin, Martin, Blair, Derickson, Stautberg, Sears 

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A BILL

To amend sections 105.41, 152.08, 2923.126, and

1

2923.16 of the Revised Code with respect to

2

authority for concealed carry licensees to possess

3

or store a handgun in a motor vehicle in the State

4

Underground Parking Garage or in any parking

5

garage or lot that is owned and operated by the

6

Ohio Building Authority or is all or part of a

7

state government facility.

8

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

Section 1. That sections 105.41, 152.08, 2923.126, and	9
2923.16 of the Revised Code be amended to read as follows:	10

Sec. 105.41.  (A) There is hereby created in the legislative	11
branch of government the capitol square review and advisory board,	12
consisting of thirteen members as follows:	13

(1) Two members of the senate, appointed by the president of	14
the senate, both of whom shall not be members of the same	15
political party;	16

(2) Two members of the house of representatives, appointed by	17
the speaker of the house of representatives, both of whom shall	18
not be members of the same political party;	19

(3) Five members appointed by the governor, with the advice	20
and consent of the senate, not more than three of whom shall be	21
members of the same political party, one of whom shall be the	22
chief of staff of the governor's office, one of whom shall	23
represent the Ohio arts council, one of whom shall represent the	24
Ohio historical society, one of whom shall represent the Ohio	25
building authority, and one of whom shall represent the public at	26
large;	27

(4) One member, who shall be a former president of the	28
senate, appointed by the current president of the senate. If the	29
current president of the senate, in the current president's	30
discretion, decides for any reason not to make the appointment or	31
if no person is eligible or available to serve, the seat shall	32
remain vacant.	33

(5) One member, who shall be a former speaker of the house of	34
representatives, appointed by the current speaker of the house of	35
representatives. If the current speaker of the house of	36
representatives, in the current speaker's discretion, decides for	37
any reason not to make the appointment or if no person is eligible	38
or available to serve, the seat shall remain vacant.	39

(6) The clerk of the senate and the clerk of the house of	40
representatives.	41

(B) Terms of office of each appointed member of the board	42
shall be for three years, except that members of the general	43
assembly appointed to the board shall be members of the board only	44
so long as they are members of the general assembly and the chief	45
of staff of the governor's office shall be a member of the board	46
only so long as the appointing governor remains in office. Each	47
member shall hold office from the date of the member's appointment	48
until the end of the term for which the member was appointed. In	49
case of a vacancy occurring on the board, the president of the	50
senate, the speaker of the house of representatives, or the	51
governor, as the case may be, shall in the same manner prescribed	52
for the regular appointment to the commission, fill the vacancy by	53
appointing a member. Any member appointed to fill a vacancy	54
occurring prior to the expiration of the term for which the	55
member's predecessor was appointed shall hold office for the	56
remainder of the term. Any appointed member shall continue in	57
office subsequent to the expiration date of the member's term	58
until the member's successor takes office, or until a period of	59
sixty days has elapsed, whichever occurs first.	60

(C) The board shall hold meetings in a manner and at times	61
prescribed by the rules adopted by the board. A majority of the	62
board constitutes a quorum, and no action shall be taken by the	63
board unless approved by at least six members or by at least seven	64
members if a person is appointed under division (A)(4) or (5) of	65
this section. At its first meeting, the board shall adopt rules	66
for the conduct of its business and the election of its officers,	67
and shall organize by selecting a chairperson and other officers	68
as it considers necessary. Board members shall serve without	69
compensation but shall be reimbursed for actual and necessary	70
expenses incurred in the performance of their duties.	71

(D) The board may do any of the following:

72

(1) Employ or hire on a consulting basis professional,	73
technical, and clerical employees as are necessary for the	74
performance of its duties. All employees of the board are in the	75
unclassified service and serve at the pleasure of the board. For	76
purposes of section 4117.01 of the Revised Code, employees of the	77
board shall be considered employees of the general assembly,	78
except that employees who are covered by a collective bargaining	79
agreement on the effective date of this amendmentSeptember 29,	80
2011, shall remain subject to the agreement until the agreement	81
expires on its terms, and the agreement shall not be extended or	82
renewed. Upon expiration of the agreement, the employees are	83
considered employees of the general assembly for purposes of	84
section 4117.01 of the Revised Code and are in the unclassified	85
service and serve at the pleasure of the board.	86

(2) Hold public hearings at times and places as determined by	87
the board;	88

(3) AdoptSubject to division (N) of this section, adopt,	89
amend, or rescind rules necessary to accomplish the duties of the	90
board as set forth in this section;	91

(4) Sponsor, conduct, and support such social events as the	92
board may authorize and consider appropriate for the employees of	93
the board, employees and members of the general assembly,	94
employees of persons under contract with the board or otherwise	95
engaged to perform services on the premises of capitol square, or	96
other persons as the board may consider appropriate. Subject to	97
the requirements of Chapter 4303. of the Revised Code, the board	98
may provide beer, wine, and intoxicating liquor, with or without	99
charge, for those events and may use funds only from the sale of	100
goods and services fund to purchase the beer, wine, and	101
intoxicating liquor the board provides;	102

(5) Purchase a warehouse in which to store items of the	103
capitol collection trust and, whenever necessary, equipment or	104
other property of the board.	105

(E) The board shall do all of the following:

106

(1) Have sole authority to coordinate and approve any	107
improvements, additions, and renovations that are made to the	108
capitol square. The improvements shall include, but not be limited	109
to, the placement of monuments and sculpture on the capitol	110
grounds.	111

(2) Subject to section 3353.07 of the Revised Code, operate	112
the capitol square, and have sole authority to regulate all uses	113
of the capitol square. The uses shall include, but not be limited	114
to, the casual and recreational use of the capitol square.	115

(3) Employ, fix the compensation of, and prescribe the duties	116
of the executive director of the board and other employees the	117
board considers necessary for the performance of its powers and	118
duties;	119

(4) Establish and maintain the capitol collection trust. The	120
capitol collection trust shall consist of furniture, antiques, and	121
other items of personal property that the board shall store in	122
suitable facilities until they are ready to be displayed in the	123
capitol square.	124

(5) Perform repair, construction, contracting, purchasing,	125
maintenance, supervisory, and operating activities the board	126
determines are necessary for the operation and maintenance of the	127
capitol square;	128

(6) Maintain and preserve the capitol square, in accordance	129
with guidelines issued by the United States secretary of the	130
interior for application of the secretary's standards for	131
rehabilitation adopted in 36 C.F.R. part 67;	132

(7) Plan and develop a center at the capitol building for the	133
purpose of educating visitors about the history of Ohio, including	134
its political, economic, and social development and the design and	135
erection of the capitol building and its grounds.	136

(F)(1) The board shall lease capital facilities improved or	137
financed by the Ohio building authority pursuant to Chapter 152.	138
of the Revised Code for the use of the board, and may enter into	139
any other agreements with the authority ancillary to improvement,	140
financing, or leasing of those capital facilities, including, but	141
not limited to, any agreement required by the applicable bond	142
proceedings authorized by Chapter 152. of the Revised Code. Any	143
lease of capital facilities authorized by this section shall be	144
governed by division (D) of section 152.24 of the Revised Code.	145

(2) Fees, receipts, and revenues received by the board from	146
the state underground parking garage constitute available receipts	147
as defined in section 152.09 of the Revised Code, and may be	148
pledged to the payment of bond service charges on obligations	149
issued by the Ohio building authority pursuant to Chapter 152. of	150
the Revised Code to improve, finance, or purchase capital	151
facilities useful to the board. The authority may, with the	152
consent of the board, provide in the bond proceedings for a pledge	153
of all or a portion of those fees, receipts, and revenues as the	154
authority determines. The authority may provide in the bond	155
proceedings or by separate agreement with the board for the	156
transfer of those fees, receipts, and revenues to the appropriate	157
bond service fund or bond service reserve fund as required to pay	158
the bond service charges when due, and any such provision for the	159
transfer of those fees, receipts, and revenues shall be	160
controlling notwithstanding any other provision of law pertaining	161
to those fees, receipts, and revenues.	162

(3) All moneys received by the treasurer of state on account	163
of the board and required by the applicable bond proceedings or by	164
separate agreement with the board to be deposited, transferred, or	165
credited to the bond service fund or bond service reserve fund	166
established by the bond proceedings shall be transferred by the	167
treasurer of state to such fund, whether or not it is in the	168
custody of the treasurer of state, without necessity for further	169
appropriation, upon receipt of notice from the Ohio building	170
authority as prescribed in the bond proceedings.	171

(G) All fees, receipts, and revenues received by the board	172
from the state underground parking garage shall be deposited into	173
the state treasury to the credit of the underground parking garage	174
operating fund, which is hereby created, to be used for the	175
purposes specified in division (F) of this section and for the	176
operation and maintenance of the garage. All investment earnings	177
of the fund shall be credited to the fund.	178

(H) All donations received by the board shall be deposited	179
into the state treasury to the credit of the capitol square	180
renovation gift fund, which is hereby created. The fund shall be	181
used by the board as follows:	182

(1) To provide part or all of the funding related to	183
construction, goods, or services for the renovation of the capitol	184
square;	185

(2) To purchase art, antiques, and artifacts for display at	186
the capitol square;	187

(3) To award contracts or make grants to organizations for	188
educating the public regarding the historical background and	189
governmental functions of the capitol square. Chapters 125., 127.,	190
and 153. and section 3517.13 of the Revised Code do not apply to	191
purchases made exclusively from the fund, notwithstanding anything	192
to the contrary in those chapters or that section. All investment	193
earnings of the fund shall be credited to the fund.	194

(I) Except as provided in divisions (G), (H), and (J) of this	195
section, all fees, receipts, and revenues received by the board	196
shall be deposited into the state treasury to the credit of the	197
sale of goods and services fund, which is hereby created. Money	198
credited to the fund shall be used solely to pay costs of the	199
board other than those specified in divisions (F) and (G) of this	200
section. All investment earnings of the fund shall be credited to	201
the fund.	202

(J) There is hereby created in the state treasury the capitol	203
square improvement fund, to be used by the board to pay	204
construction, renovation, and other costs related to the capitol	205
square for which money is not otherwise available to the board.	206
Whenever the board determines that there is a need to incur those	207
costs and that the unencumbered, unobligated balance to the credit	208
of the underground parking garage operating fund exceeds the	209
amount needed for the purposes specified in division (F) of this	210
section and for the operation and maintenance of the garage, the	211
board may request the director of budget and management to	212
transfer from the underground parking garage operating fund to the	213
capitol square improvement fund the amount needed to pay such	214
construction, renovation, or other costs. The director then shall	215
transfer the amount needed from the excess balance of the	216
underground parking garage operating fund.	217

(K) As the operation and maintenance of the capitol square	218
constitute essential government functions of a public purpose, the	219
board shall not be required to pay taxes or assessments upon the	220
square, upon any property acquired or used by the board under this	221
section, or upon any income generated by the operation of the	222
square.	223

(L) As used in this section, "capitol square" means the	224
capitol building, senate building, capitol atrium, capitol	225
grounds, the state underground parking garage, and the warehouse	226
owned by the board.	227

(M) The capitol annex shall be known as the senate building.

228

(N)(1) "Concealed carry licensee" means a person who has been	229
issued a license or temporary emergency license to carry a	230
concealed handgun under section 2923.125 or 2923.1213 of the	231
Revised Code or who has been issued a license to carry a concealed	232
handgun by another state with which the attorney general has	233
entered into a reciprocity agreement under section 109.69 of the	234
Revised Code.	235

(2) The board shall not prohibit, restrict, or adopt any rule	236
or policy that prohibits or restricts a concealed carry licensee	237
from doing any of the following:	238

(a) Possessing a handgun in a motor vehicle in the state	239
underground parking garage, if the licensee is carrying the	240
licensee's valid license to carry a concealed handgun at the time	241
in question and the licensee's possession of the handgun in the	242
motor vehicle is not in violation of section 2923.16 of the	243
Revised Code or any other provision of the Revised Code;	244

(b) Storing or leaving a handgun in a locked motor vehicle	245
that is parked in the state underground parking garage, if the	246
licensee is carrying the licensee's valid license to carry a	247
concealed handgun at the time in question and the licensee's	248
transportation and possession of the handgun in the motor vehicle	249
while traveling to the garage was not in violation of section	250
2923.16 of the Revised Code or any other provision of the Revised	251
Code.	252

(3) No rule or policy adopted by the board prior to the date	253
of this amendment that prohibits or restricts a person from	254
possessing a handgun in a motor vehicle in the state underground	255
parking garage or from storing or leaving a handgun in a locked	256
motor vehicle that is parked in that garage, in any circumstance	257
described in division (N)(2)(a) or (b) of this section, shall be	258
enforced against any concealed carry licensee on and after the	259
effective date of this amendment.	260

Sec. 152.08.  (A) The Ohio building authority may:

261

(1) Acquire, by gift, grant, or purchase, and hold and	262
mortgage, real estate and interests therein and personal property	263
suitable for its purposes, provided that no land used by the	264
authority pursuant to section 152.05 of the Revised Code shall be	265
mortgaged by the authority;	266

(2) Purchase, construct, reconstruct, equip, furnish,	267
improve, alter, enlarge, maintain, repair, and operate buildings,	268
facilities, and other properties for the purposes set forth in	269
section 152.04 of the Revised Code. The authority shall construct,	270
operate, and maintain its buildings, facilities, and other	271
properties in a healthy, safe, and sanitary manner.	272

(3) Issue revenue bonds to secure funds to accomplish its	273
purposes, the principal of and interest on and all other payments	274
required to be made by the trust agreement or indenture securing	275
such bonds to be paid solely from revenues accruing to the	276
authority through the operation of its buildings, facilities, and	277
other properties;	278

(4) Enter into contracts and execute all instruments	279
necessary in the conduct of its business;	280

(5) Fix, alter, and charge rentals and other charges for the	281
use and occupancy of its buildings, facilities, and other	282
properties and enter into leases with the persons specified in	283
section 152.04 of the Revised Code;	284

(6) Employ financial consultants, appraisers, consulting	285
engineers, architects, superintendents, managers, construction and	286
accounting experts, attorneys-at-law, and other employees and	287
agents as are necessary, in its judgment, and fix their	288
compensation;	289

(7) Provide for the persons occupying its buildings,	290
facilities, and other properties, health clinics, medical	291
services, food services, and such other services as such persons	292
cannot provide for themselves; and, if the authority determines	293
that it is more advantageous, it may enter into contracts with	294
persons, firms, or corporations or with any governmental agency,	295
board, commission, or department to provide any of such clinics or	296
services;	297

(8) Pledge, hypothecate, or otherwise encumber such of its	298
rentals or other charges as may be agreed as security for its	299
obligations, and enter into trust agreements or indentures for the	300
benefit of its bondholders;	301

(9) Borrow money or accept advances, loans, gifts, grants,	302
devises, or bequests from, and enter into contracts or agreements	303
with, any federal agency or other governmental or private source,	304
and hold and apply advances, loans, gifts, grants, devises, or	305
bequests according to the terms thereof. Such advances, loans,	306
gifts, grants, or devises of real estate may be in fee simple or	307
of any lesser estate and may be subject to any reasonable	308
reservations. Any advances or loans received from any federal or	309
other governmental or private source may be repaid in accordance	310
with the terms of such advance or loan.	311

(10) Conduct investigations into housing and living	312
conditions in order to be able to purchase, construct, or	313
reconstruct suitable buildings and facilities to fulfill its	314
purpose, and determine the best locations within the state for its	315
buildings, facilities, and other properties;	316

(11) Enter into lawful arrangements with the appropriate	317
federal or state department or agency, county, township, municipal	318
government, or other political subdivision, or public agency for	319
the planning and installation of streets, roads, alleys, public	320
parks and recreation areas, public utility facilities, and other	321
necessary appurtenances to its projects;	322

(12) Purchase fire, extended coverage, and liability	323
insurance for its property, and insurance covering the authority	324
and its officers and employees for liability for damage or injury	325
to persons or property;	326

(13) Sell, lease, release, or otherwise dispose of property	327
owned by the authority and not needed for the purposes of the	328
authority and grant such easements across the property of the	329
authority as will not interfere with its use of its property;	330

(14) EstablishSubject to division (C) of this section,	331
establish rules and regulations for the use and operation of its	332
buildings, facilities, and other properties;	333

(15) Do all other acts necessary to the fulfillment of its	334
purposes.	335

(B) Any instrument by which real property is acquired	336
pursuant to this section shall identify the agency of the state	337
that has the use and benefit of the real property as specified in	338
section 5301.012 of the Revised Code.	339

(C)(1) "Concealed carry licensee" means a person who has been	340
issued a license or temporary emergency license to carry a	341
concealed handgun under section 2923.125 or 2923.1213 of the	342
Revised Code or who has been issued a license to carry a concealed	343
handgun by another state with which the attorney general has	344
entered into a reciprocity agreement under section 109.69 of the	345
Revised Code.	346

(2) The Ohio building authority shall not prohibit, restrict,	347
or adopt any rule or policy that prohibits or restricts a	348
concealed carry licensee from doing any of the following:	349

(a) Possessing a handgun in a motor vehicle in any parking	350
garage or parking lot of any facility that the authority owns and	351
operates, if the licensee is carrying the licensee's valid license	352
to carry a concealed handgun at the time in question and the	353
licensee's possession of the handgun in the motor vehicle is not	354
in violation of section 2923.16 of the Revised Code or any other	355
provision of the Revised Code;	356

(b) Storing or leaving a handgun in a locked motor vehicle	357
that is parked in any parking garage or parking lot of any	358
facility that the authority owns and operates, if the licensee is	359
carrying the licensee's valid license to carry a concealed handgun	360
at the time in question and the licensee's transportation and	361
possession of the firearm in the motor vehicle while traveling to	362
the garage was not in violation of section 2923.16 of the Revised	363
Code or any other provision of the Revised Code.	364

(3) No rule or policy adopted by the Ohio building authority	365
prior to the date of this amendment that prohibits or restricts a	366
person from possessing a handgun in a motor vehicle in any parking	367
garage or parking lot of any facility that the authority owns and	368
operates or from storing or leaving a handgun in a locked motor	369
vehicle that is parked in any such garage or lot, in any	370
circumstance described in division (C)(2)(a) or (b) of this	371
section, shall be enforced against any concealed carry licensee on	372
and after the effective date of this amendment.	373

Sec. 2923.126.  (A) A license to carry a concealed handgun	374
that is issued under section 2923.125 of the Revised Code on or	375
after March 14, 2007, shall expire five years after the date of	376
issuance, and a license that is so issued prior to March 14, 2007,	377
shall expire four years after the date of issuance. A licensee who	378
has been issued a license under that section shall be granted a	379
grace period of thirty days after the licensee's license expires	380
during which the licensee's license remains valid. Except as	381
provided in divisions (B) and (C) of this section, a licensee who	382
has been issued a license under section 2923.125 or 2923.1213 of	383
the Revised Code may carry a concealed handgun anywhere in this	384
state if the licensee also carries a valid license and valid	385
identification when the licensee is in actual possession of a	386
concealed handgun. The licensee shall give notice of any change in	387
the licensee's residence address to the sheriff who issued the	388
license within forty-five days after that change.	389

If a licensee is the driver or an occupant of a motor vehicle	390
that is stopped as the result of a traffic stop or a stop for	391
another law enforcement purpose and if the licensee is	392
transporting or has a loaded handgun in the motor vehicle at that	393
time, the licensee shall promptly inform any law enforcement	394
officer who approaches the vehicle while stopped that the licensee	395
has been issued a license or temporary emergency license to carry	396
a concealed handgun and that the licensee currently possesses or	397
has a loaded handgun; the licensee shall not knowingly disregard	398
or fail to comply with lawful orders of a law enforcement officer	399
given while the motor vehicle is stopped, knowingly fail to remain	400
in the motor vehicle while stopped, or knowingly fail to keep the	401
licensee's hands in plain sight after any law enforcement officer	402
begins approaching the licensee while stopped and before the	403
officer leaves, unless directed otherwise by a law enforcement	404
officer; and the licensee shall not knowingly remove, attempt to	405
remove, grasp, or hold the loaded handgun or knowingly have	406
contact with the loaded handgun by touching it with the licensee's	407
hands or fingers, in any manner in violation of division (E) of	408
section 2923.16 of the Revised Code, after any law enforcement	409
officer begins approaching the licensee while stopped and before	410
the officer leaves. Additionally, if a licensee is the driver or	411
an occupant of a commercial motor vehicle that is stopped by an	412
employee of the motor carrier enforcement unit for the purposes	413
defined in section 5503.04 of the Revised Code and if the licensee	414
is transporting or has a loaded handgun in the commercial motor	415
vehicle at that time, the licensee shall promptly inform the	416
employee of the unit who approaches the vehicle while stopped that	417
the licensee has been issued a license or temporary emergency	418
license to carry a concealed handgun and that the licensee	419
currently possesses or has a loaded handgun.	420

If a licensee is stopped for a law enforcement purpose and if	421
the licensee is carrying a concealed handgun at the time the	422
officer approaches, the licensee shall promptly inform any law	423
enforcement officer who approaches the licensee while stopped that	424
the licensee has been issued a license or temporary emergency	425
license to carry a concealed handgun and that the licensee	426
currently is carrying a concealed handgun; the licensee shall not	427
knowingly disregard or fail to comply with lawful orders of a law	428
enforcement officer given while the licensee is stopped or	429
knowingly fail to keep the licensee's hands in plain sight after	430
any law enforcement officer begins approaching the licensee while	431
stopped and before the officer leaves, unless directed otherwise	432
by a law enforcement officer; and the licensee shall not knowingly	433
remove, attempt to remove, grasp, or hold the loaded handgun or	434
knowingly have contact with the loaded handgun by touching it with	435
the licensee's hands or fingers, in any manner in violation of	436
division (B) of section 2923.12 of the Revised Code, after any law	437
enforcement officer begins approaching the licensee while stopped	438
and before the officer leaves.	439

(B) A valid license issued under section 2923.125 or	440
2923.1213 of the Revised Code does not authorize the licensee to	441
carry a concealed handgun in any manner prohibited under division	442
(B) of section 2923.12 of the Revised Code or in any manner	443
prohibited under section 2923.16 of the Revised Code. A valid	444
license does not authorize the licensee to carry a concealed	445
handgun into any of the following places:	446

(1) A police station, sheriff's office, or state highway	447
patrol station, premises controlled by the bureau of criminal	448
identification and investigation, a state correctional	449
institution, jail, workhouse, or other detention facility, an	450
airport passenger terminal, or an institution that is maintained,	451
operated, managed, and governed pursuant to division (A) of	452
section 5119.02 of the Revised Code or division (A)(1) of section	453
5123.03 of the Revised Code;	454

(2) A school safety zone if the licensee's carrying the	455
concealed handgun is in violation of section 2923.122 of the	456
Revised Code;	457

(3) A courthouse or another building or structure in which a	458
courtroom is located, in violation of section 2923.123 of the	459
Revised Code;	460

(4) Any premises or open air arena for which a D permit has	461
been issued under Chapter 4303. of the Revised Code if the	462
licensee's carrying the concealed handgun is in violation of	463
section 2923.121 of the Revised Code;	464

(5) Any premises owned or leased by any public or private	465
college, university, or other institution of higher education,	466
unless the handgun is in a locked motor vehicle or the licensee is	467
in the immediate process of placing the handgun in a locked motor	468
vehicle;	469

(6) Any church, synagogue, mosque, or other place of worship,	470
unless the church, synagogue, mosque, or other place of worship	471
posts or permits otherwise;	472

(7) A child day-care center, a type A family day-care home, a	473
type B family day-care home, or a type C family day-care home,	474
except that this division does not prohibit a licensee who resides	475
in a type A family day-care home, a type B family day-care home,	476
or a type C family day-care home from carrying a concealed handgun	477
at any time in any part of the home that is not dedicated or used	478
for day-care purposes, or from carrying a concealed handgun in a	479
part of the home that is dedicated or used for day-care purposes	480
at any time during which no children, other than children of that	481
licensee, are in the home;	482

(8) An aircraft that is in, or intended for operation in,	483
foreign air transportation, interstate air transportation,	484
intrastate air transportation, or the transportation of mail by	485
aircraft;	486

(9) Any building that is a government facility of this state	487
or a political subdivision of this state and thatunless one of	488
the following applies:	489

(a) The building is not a building that is used primarily as	490
a shelter, restroom, parking facility for motor vehicles, or rest	491
facility and.	492

(b) The building is not a courthouse or other building or	493
structure in which a courtroom is located that is subject to	494
division (B)(3) of this section;.	495

(c) The building is a government facility of this state or a	496
political subdivision of this state that is used primarily as a	497
parking facility for motor vehicles.	498

(d) The building consists of or includes the state	499
underground parking garage operated by the capitol square review	500
and advisory board or the building is a government facility of	501
this state all or part of which is used as a parking facility for	502
motor vehicles, and for the portion of the building that is the	503
state underground parking garage or that is used as a parking	504
facility, one of the following applies:	505

(i) The licensee is in possession of the handgun in the	506
portion of the building that is the state underground parking	507
garage or that is used as a parking facility.	508

(ii) The handgun is in a locked motor vehicle that is parked	509
in the portion of the building that is the state underground	510
parking garage or that is used as a parking facility or the	511
licensee is in the immediate process of placing the handgun in a	512
locked motor vehicle that is parked in the portion of the building	513
that is the state underground parking garage or that is used as a	514
parking facility.	515

(10) A place in which federal law prohibits the carrying of	516
handguns.	517

(C)(1) Nothing in this section shall negate or restrict a	518
rule, policy, or practice of a private employer that is not a	519
private college, university, or other institution of higher	520
education concerning or prohibiting the presence of firearms on	521
the private employer's premises or property, including motor	522
vehicles owned by the private employer. Nothing in this section	523
shall require a private employer of that nature to adopt a rule,	524
policy, or practice concerning or prohibiting the presence of	525
firearms on the private employer's premises or property, including	526
motor vehicles owned by the private employer.	527

(2)(a) A private employer shall be immune from liability in a	528
civil action for any injury, death, or loss to person or property	529
that allegedly was caused by or related to a licensee bringing a	530
handgun onto the premises or property of the private employer,	531
including motor vehicles owned by the private employer, unless the	532
private employer acted with malicious purpose. A private employer	533
is immune from liability in a civil action for any injury, death,	534
or loss to person or property that allegedly was caused by or	535
related to the private employer's decision to permit a licensee to	536
bring, or prohibit a licensee from bringing, a handgun onto the	537
premises or property of the private employer. As used in this	538
division, "private employer" includes a private college,	539
university, or other institution of higher education.	540

(b) A political subdivision shall be immune from liability in	541
a civil action, to the extent and in the manner provided in	542
Chapter 2744. of the Revised Code, for any injury, death, or loss	543
to person or property that allegedly was caused by or related to a	544
licensee bringing a handgun onto any premises or property owned,	545
leased, or otherwise under the control of the political	546
subdivision. As used in this division, "political subdivision" has	547
the same meaning as in section 2744.01 of the Revised Code.	548

(3)(a) Except as provided in division (C)(3)(b) of this	549
section, the owner or person in control of private land or	550
premises, and a private person or entity leasing land or premises	551
owned by the state, the United States, or a political subdivision	552
of the state or the United States, may post a sign in a	553
conspicuous location on that land or on those premises prohibiting	554
persons from carrying firearms or concealed firearms on or onto	555
that land or those premises. Except as otherwise provided in this	556
division, a person who knowingly violates a posted prohibition of	557
that nature is guilty of criminal trespass in violation of	558
division (A)(4) of section 2911.21 of the Revised Code and is	559
guilty of a misdemeanor of the fourth degree. If a person	560
knowingly violates a posted prohibition of that nature and the	561
posted land or premises primarily was a parking lot or other	562
parking facility, the person is not guilty of criminal trespass in	563
violation of division (A)(4) of section 2911.21 of the Revised	564
Code and instead is subject only to a civil cause of action for	565
trespass based on the violation.	566

(b) A landlord may not prohibit or restrict a tenant who is a	567
licensee and who on or after the effective date of this amendment	568
September 9, 2008, enters into a rental agreement with the	569
landlord for the use of residential premises, and the tenant's	570
guest while the tenant is present, from lawfully carrying or	571
possessing a handgun on those residential premises.	572

(c) As used in division (C)(3) of this section:

573

(i) "Residential premises" has the same meaning as in section	574
5321.01 of the Revised Code, except "residential premises" does	575
not include a dwelling unit that is owned or operated by a college	576
or university.	577

(ii) "Landlord," "tenant," and "rental agreement" have the	578
same meanings as in section 5321.01 of the Revised Code.	579

(D) A person who holds a license to carry a concealed handgun	580
that was issued pursuant to the law of another state that is	581
recognized by the attorney general pursuant to a reciprocity	582
agreement entered into pursuant to section 109.69 of the Revised	583
Code has the same right to carry a concealed handgun in this state	584
as a person who was issued a license to carry a concealed handgun	585
under section 2923.125 of the Revised Code and is subject to the	586
same restrictions that apply to a person who carries a license	587
issued under that section.	588

(E) A peace officer has the same right to carry a concealed	589
handgun in this state as a person who was issued a license to	590
carry a concealed handgun under section 2923.125 of the Revised	591
Code. For purposes of reciprocity with other states, a peace	592
officer shall be considered to be a licensee in this state.	593

(F)(1) A qualified retired peace officer who possesses a	594
retired peace officer identification card issued pursuant to	595
division (F)(2) of this section and a valid firearms	596
requalification certification issued pursuant to division (F)(3)	597
of this section has the same right to carry a concealed handgun in	598
this state as a person who was issued a license to carry a	599
concealed handgun under section 2923.125 of the Revised Code and	600
is subject to the same restrictions that apply to a person who	601
carries a license issued under that section. For purposes of	602
reciprocity with other states, a qualified retired peace officer	603
who possesses a retired peace officer identification card issued	604
pursuant to division (F)(2) of this section and a valid firearms	605
requalification certification issued pursuant to division (F)(3)	606
of this section shall be considered to be a licensee in this	607
state.	608

(2)(a) Each public agency of this state or of a political	609
subdivision of this state that is served by one or more peace	610
officers shall issue a retired peace officer identification card	611
to any person who retired from service as a peace officer with	612
that agency, if the issuance is in accordance with the agency's	613
policies and procedures and if the person, with respect to the	614
person's service with that agency, satisfies all of the following:	615

(i) The person retired in good standing from service as a	616
peace officer with the public agency, and the retirement was not	617
for reasons of mental instability.	618

(ii) Before retiring from service as a peace officer with	619
that agency, the person was authorized to engage in or supervise	620
the prevention, detection, investigation, or prosecution of, or	621
the incarceration of any person for, any violation of law and the	622
person had statutory powers of arrest.	623

(iii) At the time of the person's retirement as a peace	624
officer with that agency, the person was trained and qualified to	625
carry firearms in the performance of the peace officer's duties.	626

(iv) Before retiring from service as a peace officer with	627
that agency, the person was regularly employed as a peace officer	628
for an aggregate of fifteen years or more, or, in the alternative,	629
the person retired from service as a peace officer with that	630
agency, after completing any applicable probationary period of	631
that service, due to a service-connected disability, as determined	632
by the agency.	633

(b) A retired peace officer identification card issued to a	634
person under division (F)(2)(a) of this section shall identify the	635
person by name, contain a photograph of the person, identify the	636
public agency of this state or of the political subdivision of	637
this state from which the person retired as a peace officer and	638
that is issuing the identification card, and specify that the	639
person retired in good standing from service as a peace officer	640
with the issuing public agency and satisfies the criteria set	641
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	642
addition to the required content specified in this division, a	643
retired peace officer identification card issued to a person under	644
division (F)(2)(a) of this section may include the firearms	645
requalification certification described in division (F)(3) of this	646
section, and if the identification card includes that	647
certification, the identification card shall serve as the firearms	648
requalification certification for the retired peace officer. If	649
the issuing public agency issues credentials to active law	650
enforcement officers who serve the agency, the agency may comply	651
with division (F)(2)(a) of this section by issuing the same	652
credentials to persons who retired from service as a peace officer	653
with the agency and who satisfy the criteria set forth in	654
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	655
credentials so issued to retired peace officers are stamped with	656
the word "RETIRED."	657

(c) A public agency of this state or of a political	658
subdivision of this state may charge persons who retired from	659
service as a peace officer with the agency a reasonable fee for	660
issuing to the person a retired peace officer identification card	661
pursuant to division (F)(2)(a) of this section.	662

(3) If a person retired from service as a peace officer with	663
a public agency of this state or of a political subdivision of	664
this state and the person satisfies the criteria set forth in	665
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	666
may provide the retired peace officer with the opportunity to	667
attend a firearms requalification program that is approved for	668
purposes of firearms requalification required under section	669
109.801 of the Revised Code. The retired peace officer may be	670
required to pay the cost of the course.	671

If a retired peace officer who satisfies the criteria set	672
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	673
firearms requalification program that is approved for purposes of	674
firearms requalification required under section 109.801 of the	675
Revised Code, the retired peace officer's successful completion of	676
the firearms requalification program requalifies the retired peace	677
officer for purposes of division (F) of this section for five	678
years from the date on which the program was successfully	679
completed, and the requalification is valid during that five-year	680
period. If a retired peace officer who satisfies the criteria set	681
forth in divisions (F)(2)(a)(i) to (iv) of this section	682
satisfactorily completes such a firearms requalification program,	683
the retired peace officer shall be issued a firearms	684
requalification certification that identifies the retired peace	685
officer by name, identifies the entity that taught the program,	686
specifies that the retired peace officer successfully completed	687
the program, specifies the date on which the course was	688
successfully completed, and specifies that the requalification is	689
valid for five years from that date of successful completion. The	690
firearms requalification certification for a retired peace officer	691
may be included in the retired peace officer identification card	692
issued to the retired peace officer under division (F)(2) of this	693
section.	694

A retired peace officer who attends a firearms	695
requalification program that is approved for purposes of firearms	696
requalification required under section 109.801 of the Revised Code	697
may be required to pay the cost of the program.	698

(G) As used in this section:

699

(1) "Qualified retired peace officer" means a person who	700
satisfies all of the following:	701

(a) The person satisfies the criteria set forth in divisions	702
(F)(2)(a)(i) to (v) of this section.	703

(b) The person is not under the influence of alcohol or	704
another intoxicating or hallucinatory drug or substance.	705

(c) The person is not prohibited by federal law from	706
receiving firearms.	707

(2) "Retired peace officer identification card" means an	708
identification card that is issued pursuant to division (F)(2) of	709
this section to a person who is a retired peace officer.	710

(3) "Government facility of this state or a political	711
subdivision of this state" means any of the following:	712

(a) A building or part of a building that is owned or leased	713
by the government of this state or a political subdivision of this	714
state and where employees of the government of this state or the	715
political subdivision regularly are present for the purpose of	716
performing their official duties as employees of the state or	717
political subdivision;	718

(b) The office of a deputy registrar serving pursuant to	719
Chapter 4503. of the Revised Code that is used to perform deputy	720
registrar functions.	721

Sec. 2923.16.  (A) No person shall knowingly discharge a	722
firearm while in or on a motor vehicle.	723

(B) No person shall knowingly transport or have a loaded	724
firearm in a motor vehicle in such a manner that the firearm is	725
accessible to the operator or any passenger without leaving the	726
vehicle.	727

(C) No person shall knowingly transport or have a firearm in	728
a motor vehicle, unless the person may lawfully possess that	729
firearm under applicable law of this state or the United States,	730
the firearm is unloaded, and the firearm is carried in one of the	731
following ways:	732

(1) In a closed package, box, or case;

733

(2) In a compartment that can be reached only by leaving the	734
vehicle;	735

(3) In plain sight and secured in a rack or holder made for	736
the purpose;	737

(4) If the firearm is at least twenty-four inches in overall	738
length as measured from the muzzle to the part of the stock	739
furthest from the muzzle and if the barrel is at least eighteen	740
inches in length, either in plain sight with the action open or	741
the weapon stripped, or, if the firearm is of a type on which the	742
action will not stay open or which cannot easily be stripped, in	743
plain sight.	744

(D) No person shall knowingly transport or have a loaded	745
handgun in a motor vehicle if, at the time of that transportation	746
or possession, any of the following applies:	747

(1) The person is under the influence of alcohol, a drug of	748
abuse, or a combination of them.	749

(2) The person's whole blood, blood serum or plasma, breath,	750
or urine contains a concentration of alcohol, a listed controlled	751
substance, or a listed metabolite of a controlled substance	752
prohibited for persons operating a vehicle, as specified in	753
division (A) of section 4511.19 of the Revised Code, regardless of	754
whether the person at the time of the transportation or possession	755
as described in this division is the operator of or a passenger in	756
the motor vehicle.	757

(E) No person who has been issued a license or temporary	758
emergency license to carry a concealed handgun under section	759
2923.125 or 2923.1213 of the Revised Code or a license to carry a	760
concealed handgun that was issued to the person by another state	761
with which the attorney general has entered into a reciprocity	762
agreement under section 109.69 of the Revised Code, who is the	763
driver or an occupant of a motor vehicle that is stopped as a	764
result of a traffic stop or a stop for another law enforcement	765
purpose or is the driver or an occupant of a commercial motor	766
vehicle that is stopped by an employee of the motor carrier	767
enforcement unit for the purposes defined in section 5503.34 of	768
the Revised Code, and who is transporting or has a loaded handgun	769
in the motor vehicle or commercial motor vehicle in any manner,	770
shall do any of the following:	771

(1) Fail to promptly inform any law enforcement officer who	772
approaches the vehicle while stopped that the person has been	773
issued a license or temporary emergency license to carry a	774
concealed handgun and that the person then possesses or has a	775
loaded handgun in the motor vehicle;	776

(2) Fail to promptly inform the employee of the unit who	777
approaches the vehicle while stopped that the person has been	778
issued a license or temporary emergency license to carry a	779
concealed handgun and that the person then possesses or has a	780
loaded handgun in the commercial motor vehicle;	781

(3) Knowingly fail to remain in the motor vehicle while	782
stopped or knowingly fail to keep the person's hands in plain	783
sight at any time after any law enforcement officer begins	784
approaching the person while stopped and before the law	785
enforcement officer leaves, unless the failure is pursuant to and	786
in accordance with directions given by a law enforcement officer;	787

(4) Knowingly have contact with the loaded handgun by	788
touching it with the person's hands or fingers in the motor	789
vehicle at any time after the law enforcement officer begins	790
approaching and before the law enforcement officer leaves, unless	791
the person removes, attempts to remove, grasps, holds, or has	792
contact with the loaded handgun pursuant to and in accordance with	793
directions given by the law enforcement officer;	794

(5) Knowingly disregard or fail to comply with any lawful	795
order of any law enforcement officer given while the motor vehicle	796
is stopped, including, but not limited to, a specific order to the	797
person to keep the person's hands in plain sight.	798

(F)(1) Divisions (A), (B), (C), and (E) of this section do	799
not apply to any of the following:	800

(a) An officer, agent, or employee of this or any other state	801
or the United States, or a law enforcement officer, when	802
authorized to carry or have loaded or accessible firearms in motor	803
vehicles and acting within the scope of the officer's, agent's, or	804
employee's duties;	805

(b) Any person who is employed in this state, who is	806
authorized to carry or have loaded or accessible firearms in motor	807
vehicles, and who is subject to and in compliance with the	808
requirements of section 109.801 of the Revised Code, unless the	809
appointing authority of the person has expressly specified that	810
the exemption provided in division (F)(1)(b) of this section does	811
not apply to the person.	812

(2) Division (A) of this section does not apply to a person	813
if all of the following circumstances apply:	814

(a) The person discharges a firearm from a motor vehicle at a	815
coyote or groundhog, the discharge is not during the deer gun	816
hunting season as set by the chief of the division of wildlife of	817
the department of natural resources, and the discharge at the	818
coyote or groundhog, but for the operation of this section, is	819
lawful.	820

(b) The motor vehicle from which the person discharges the	821
firearm is on real property that is located in an unincorporated	822
area of a township and that either is zoned for agriculture or is	823
used for agriculture.	824

(c) The person owns the real property described in division	825
(F)(2)(b) of this section, is the spouse or a child of another	826
person who owns that real property, is a tenant of another person	827
who owns that real property, or is the spouse or a child of a	828
tenant of another person who owns that real property.	829

(d) The person does not discharge the firearm in any of the	830
following manners:	831

(i) While under the influence of alcohol, a drug of abuse, or	832
alcohol and a drug of abuse;	833

(ii) In the direction of a street, highway, or other public	834
or private property used by the public for vehicular traffic or	835
parking;	836

(iii) At or into an occupied structure that is a permanent or	837
temporary habitation;	838

(iv) In the commission of any violation of law, including,	839
but not limited to, a felony that includes, as an essential	840
element, purposely or knowingly causing or attempting to cause the	841
death of or physical harm to another and that was committed by	842
discharging a firearm from a motor vehicle.	843

(3) Division (A) of this section does not apply to a person	844
if all of the following apply:	845

(a) The person possesses a valid electric-powered all-purpose	846
vehicle permit issued under section 1533.103 of the Revised Code	847
by the chief of the division of wildlife.	848

(b) The person discharges a firearm at a wild quadruped or	849
game bird as defined in section 1531.01 of the Revised Code during	850
the open hunting season for the applicable wild quadruped or game	851
bird.	852

(c) The person discharges a firearm from a stationary	853
electric-powered all-purpose vehicle as defined in section 1531.01	854
of the Revised Code or a motor vehicle that is parked on a road	855
that is owned or administered by the division of wildlife,	856
provided that the road is identified by an electric-powered	857
all-purpose vehicle sign.	858

(d) The person does not discharge the firearm in any of the	859
following manners:	860

(i) While under the influence of alcohol, a drug of abuse, or	861
alcohol and a drug of abuse;	862

(ii) In the direction of a street, a highway, or other public	863
or private property that is used by the public for vehicular	864
traffic or parking;	865

(iii) At or into an occupied structure that is a permanent or	866
temporary habitation;	867

(iv) In the commission of any violation of law, including,	868
but not limited to, a felony that includes, as an essential	869
element, purposely or knowingly causing or attempting to cause the	870
death of or physical harm to another and that was committed by	871
discharging a firearm from a motor vehicle.	872

(4) Divisions (B) and (C) of this section do not apply to a	873
person if all of the following circumstances apply:	874

(a) At the time of the alleged violation of either of those	875
divisions, the person is the operator of or a passenger in a motor	876
vehicle.	877

(b) The motor vehicle is on real property that is located in	878
an unincorporated area of a township and that either is zoned for	879
agriculture or is used for agriculture.	880

(c) The person owns the real property described in division	881
(D)(4)(b) of this section, is the spouse or a child of another	882
person who owns that real property, is a tenant of another person	883
who owns that real property, or is the spouse or a child of a	884
tenant of another person who owns that real property.	885

(d) The person, prior to arriving at the real property	886
described in division (D)(4)(b) of this section, did not transport	887
or possess a firearm in the motor vehicle in a manner prohibited	888
by division (B) or (C) of this section while the motor vehicle was	889
being operated on a street, highway, or other public or private	890
property used by the public for vehicular traffic or parking.	891

(5) Divisions (B) and (C) of this section do not apply to a	892
person who transports or possesses a handgun in a motor vehicle	893
if, at the time of that transportation or possession, both of the	894
following apply:	895

(a) The person transporting or possessing the handgun is	896
carrying a valid license or temporary emergency license to carry a	897
concealed handgun issued to the person under section 2923.125 or	898
2923.1213 of the Revised Code or a license to carry a concealed	899
handgun that was issued by another state with which the attorney	900
general has entered into a reciprocity agreement under section	901
109.69 of the Revised Code.	902

(b) The person transporting or possessing the handgun is not	903
knowingly in a place described in division (B) of section 2923.126	904
of the Revised Code.	905

(6) Divisions (B) and (C) of this section do not apply to a	906
person if all of the following apply:	907

(a) The person possesses a valid electric-powered all-purpose	908
vehicle permit issued under section 1533.103 of the Revised Code	909
by the chief of the division of wildlife.	910

(b) The person is on or in an electric-powered all-purpose	911
vehicle as defined in section 1531.01 of the Revised Code or a	912
motor vehicle during the open hunting season for a wild quadruped	913
or game bird.	914

(c) The person is on or in an electric-powered all-purpose	915
vehicle as defined in section 1531.01 of the Revised Code or a	916
motor vehicle that is parked on a road that is owned or	917
administered by the division of wildlife, provided that the road	918
is identified by an electric-powered all-purpose vehicle sign.	919

(7) Nothing in this section prohibits or restricts a person	920
from storing or leaving a handgun in a locked motor vehicle that	921
is parked in the state underground parking garage operated by the	922
capitol square review and advisory board or that is parked in or	923
on any parking facility for motor vehicles that is all or part of	924
a government facility of this state, if the person is carrying a	925
valid license or temporary emergency license to carry a concealed	926
handgun issued to the person under section 2923.125 or 2923.1213	927
of the Revised Code or a license to carry a concealed handgun that	928
was issued to the person by another state with which the attorney	929
general has entered into a reciprocity agreement under section	930
109.69 of the Revised Code and the person's transportation and	931
possession of the handgun in the motor vehicle while traveling to	932
the garage or facility was not in violation of division (A), (B),	933
(C), (D), or (E) of this section or any other provision of the	934
Revised Code.	935

(G)(1) The affirmative defenses authorized in divisions	936
(D)(1) and (2) of section 2923.12 of the Revised Code are	937
affirmative defenses to a charge under division (B) or (C) of this	938
section that involves a firearm other than a handgun.	939

(2) It is an affirmative defense to a charge under division	940
(B) or (C) of this section of improperly handling firearms in a	941
motor vehicle that the actor transported or had the firearm in the	942
motor vehicle for any lawful purpose and while the motor vehicle	943
was on the actor's own property, provided that this affirmative	944
defense is not available unless the person, immediately prior to	945
arriving at the actor's own property, did not transport or possess	946
the firearm in a motor vehicle in a manner prohibited by division	947
(B) or (C) of this section while the motor vehicle was being	948
operated on a street, highway, or other public or private property	949
used by the public for vehicular traffic.	950

(H)(1) No person who is charged with a violation of division	951
(B), (C), or (D) of this section shall be required to obtain a	952
license or temporary emergency license to carry a concealed	953
handgun under section 2923.125 or 2923.1213 of the Revised Code as	954
a condition for the dismissal of the charge.	955

(2)(a) If a person is convicted of, was convicted of, pleads	956
guilty to, or has pleaded guilty to a violation of division (E) of	957
this section as it existed prior to the effective date of this	958
amendmentSeptember 30, 2011, and if the conduct that was the	959
basis of the violation no longer would be a violation of division	960
(E) of this section on or after the effective date of this	961
amendmentSeptember 30, 2011, the person may file an application	962
under section 2953.37 of the Revised Code requesting the	963
expungement of the record of conviction.	964

If a person is convicted of, was convicted of, pleads guilty	965
to, or has pleaded guilty to a violation of division (B) or (C) of	966
this section as the division existed prior to the effective date	967
of this amendmentSeptember 30, 2011, and if the conduct that was	968
the basis of the violation no longer would be a violation of	969
division (B) or (C) of this section on or after the effective date	970
of this amendmentSeptember 30, 2011, due to the application of	971
division (F)(5) of this section as it exists on and after the	972
effective date of this amendmentSeptember 30, 2011, the person	973
may file an application under section 2953.37 of the Revised Code	974
requesting the expungement of the record of conviction.	975

(b) The attorney general shall develop a public media	976
advisory that summarizes the expungement procedure established	977
under section 2953.37 of the Revised Code and the offenders	978
identified in division (H)(2)(a) of this section who are	979
authorized to apply for the expungement. Within thirty days after	980
the effective date of this amendmentSeptember 30, 2011, the	981
attorney general shall provide a copy of the advisory to each	982
daily newspaper published in this state and each television	983
station that broadcasts in this state. The attorney general may	984
provide the advisory in a tangible form, an electronic form, or in	985
both tangible and electronic forms.	986

(I) Whoever violates this section is guilty of improperly	987
handling firearms in a motor vehicle. Violation of division (A) of	988
this section is a felony of the fourth degree. Violation of	989
division (C) of this section is a misdemeanor of the fourth	990
degree. A violation of division (D) of this section is a felony of	991
the fifth degree or, if the loaded handgun is concealed on the	992
person's person, a felony of the fourth degree. Except as	993
otherwise provided in this division, a violation of division	994
(E)(1) or (2) of this section is a misdemeanor of the first	995
degree, and, in addition to any other penalty or sanction imposed	996
for the violation, the offender's license or temporary emergency	997
license to carry a concealed handgun shall be suspended pursuant	998
to division (A)(2) of section 2923.128 of the Revised Code. If at	999
the time of the stop of the offender for a traffic stop, for	1000
another law enforcement purpose, or for a purpose defined in	1001
section 5503.34 of the Revised Code that was the basis of the	1002
violation any law enforcement officer involved with the stop or	1003
the employee of the motor carrier enforcement unit who made the	1004
stop had actual knowledge of the offender's status as a licensee,	1005
a violation of division (E)(1) or (2) of this section is a minor	1006
misdemeanor, and the offender's license or temporary emergency	1007
license to carry a concealed handgun shall not be suspended	1008
pursuant to division (A)(2) of section 2923.128 of the Revised	1009
Code. A violation of division (E)(4) of this section is a felony	1010
of the fifth degree. A violation of division (E)(3) or (5) of this	1011
section is a misdemeanor of the first degree or, if the offender	1012
previously has been convicted of or pleaded guilty to a violation	1013
of division (E)(3) or (5) of this section, a felony of the fifth	1014
degree. In addition to any other penalty or sanction imposed for a	1015
misdemeanor violation of division (E)(3) or (5) of this section,	1016
the offender's license or temporary emergency license to carry a	1017
concealed handgun shall be suspended pursuant to division (A)(2)	1018
of section 2923.128 of the Revised Code. A violation of division	1019
(B) of this section is a felony of the fourth degree.	1020

(J) If a law enforcement officer stops a motor vehicle for a	1021
traffic stop or any other purpose, if any person in the motor	1022
vehicle surrenders a firearm to the officer, either voluntarily or	1023
pursuant to a request or demand of the officer, and if the officer	1024
does not charge the person with a violation of this section or	1025
arrest the person for any offense, the person is not otherwise	1026
prohibited by law from possessing the firearm, and the firearm is	1027
not contraband, the officer shall return the firearm to the person	1028
at the termination of the stop. If a court orders a law	1029
enforcement officer to return a firearm to a person pursuant to	1030
the requirement set forth in this division, division (B) of	1031
section 2923.163 of the Revised Code applies.	1032

(K) As used in this section:

1033

(1) "Motor vehicle," "street," and "highway" have the same	1034
meanings as in section 4511.01 of the Revised Code.	1035

(2) "Occupied structure" has the same meaning as in section	1036
2909.01 of the Revised Code.	1037

(3) "Agriculture" has the same meaning as in section 519.01	1038
of the Revised Code.	1039

(4) "Tenant" has the same meaning as in section 1531.01 of	1040
the Revised Code.	1041

(5) "Unloaded" means any of the following:

1042

(a) No ammunition is in the firearm in question, and no	1043
ammunition is loaded into a magazine or speed loader that may be	1044
used with the firearm in question and that is located anywhere	1045
within the vehicle in question, without regard to where ammunition	1046
otherwise is located within the vehicle in question. For the	1047
purposes of division (K)(5)(a) of this section, ammunition held in	1048
stripper-clips or in en-bloc clips is not considered ammunition	1049
that is loaded into a magazine or speed loader.	1050

(b) With respect to a firearm employing a percussion cap,	1051
flintlock, or other obsolete ignition system, when the weapon is	1052
uncapped or when the priming charge is removed from the pan.	1053

(6) "Commercial motor vehicle" has the same meaning as in	1054
division (A) of section 4506.25 of the Revised Code.	1055

(7) "Motor carrier enforcement unit" means the motor carrier	1056
enforcement unit in the department of public safety, division of	1057
state highway patrol, that is created by section 5503.34 of the	1058
Revised Code.	1059

Section 2. That existing sections 105.41, 152.08, 2923.126,	1060
and 2923.16 of the Revised Code are hereby repealed.	1061