Sec. 2923.125.
(A) Upon the request of a person who wishes | 8 |
to obtain a license to carry a concealed handgun or to renew a | 9 |
license to carry a concealed handgun, a sheriff, as provided in | 10 |
division (I) of this section, shall provide to
the person free of | 11 |
charge an application form and a copy of the
pamphlet described in | 12 |
division (B) of section 109.731 of the
Revised Code. A sheriff | 13 |
shall accept a completed application form and the fee, items, | 14 |
materials, and information specified in divisions (B)(1) to (5) of | 15 |
this section at the times and in the manners described in division | 16 |
(I) of this section. | 17 |
(1) A nonrefundable license fee prescribed by the Ohio
peace | 23 |
officer training commission pursuant to division (C) of
section | 24 |
109.731 of the Revised Code, except that the sheriff
shall
waive | 25 |
the payment of the license fee
in connection with an
initial
or | 26 |
renewal application for a license that is
submitted by
an | 27 |
applicant who is an instructor of a firearms course, class, or | 28 |
program that meets the requirements of division (B)(3)(a), (b), | 29 |
(c), or (e) of this section or who is a retired peace officer, a | 30 |
retired person
described in division (B)(1)(b) of section 109.77 | 31 |
of
the Revised
Code, or a retired federal law enforcement officer | 32 |
who, prior to
retirement, was authorized under federal law to | 33 |
carry a firearm in
the course of duty, unless the retired peace | 34 |
officer, person, or
federal law enforcement
officer retired as | 35 |
the result of a mental
disability; | 36 |
(3) One or more of the following
competency
certifications, | 39 |
each of which shall reflect that, regarding a certification | 40 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 41 |
section, within
the three
years immediately preceding the | 42 |
application the
applicant has
performed that to which the | 43 |
competency certification
relates and that, regarding a | 44 |
certification described in division (B)(3)(d) of this section, the | 45 |
applicant currently is an active or reserve member of the armed | 46 |
forces of the United States or within the six years immediately | 47 |
preceding the application the honorable discharge or retirement to | 48 |
which the competency certification relates occurred: | 49 |
(iii) It was offered
by or under the auspices of a
law | 66 |
enforcement agency of this or
another state or the United
States, | 67 |
a public or private college,
university, or other similar | 68 |
postsecondary educational
institution
located in this or another | 69 |
state, a firearms training
school
located in this or another | 70 |
state, or another type of public
or
private entity or organization | 71 |
located in this or another
state. | 72 |
(c) An original or photocopy of a certificate of completion | 75 |
of a state, county, municipal, or department of natural resources | 76 |
peace officer training school that is approved by the executive | 77 |
director
of the Ohio peace officer training commission pursuant to | 78 |
section
109.75 of the Revised Code and that complies with the | 79 |
requirements set forth in division (G) of this section, or the | 80 |
applicant has satisfactorily
completed and been issued a | 81 |
certificate of completion of a basic
firearms training program, a | 82 |
firearms requalification training
program, or another basic | 83 |
training program described in section
109.78 or 109.801 of the | 84 |
Revised Code that complies with the requirements set forth in | 85 |
division (G) of this section; | 86 |
(i) That the applicant is an active or reserve member of
the | 88 |
armed forces of the United States, was honorably discharged
from | 89 |
military service in the active or reserve armed forces of the | 90 |
United States, is a retired trooper of the state highway patrol, | 91 |
or is a retired peace officer or federal law enforcement officer | 92 |
described in division (B)(1) of this section or a retired person | 93 |
described in division (B)(1)(b) of section 109.77 of the Revised | 94 |
Code and division (B)(1) of this section; | 95 |
(ii) That, through participation in the military service or | 96 |
through the former employment described in division
(B)(3)(d)(i) | 97 |
of this
section, the applicant acquired experience
with handling | 98 |
handguns
or other firearms, and the experience so
acquired was | 99 |
equivalent
to training that the applicant could have
acquired in a | 100 |
course,
class, or program described in division
(B)(3)(a), (b), or | 101 |
(c) of
this section. | 102 |
(e) A certificate or another similar document that evidences | 103 |
satisfactory completion of a firearms training, safety, or | 104 |
requalification or firearms safety instructor course, class, or | 105 |
program that is not otherwise
described in division (B)(3)(a), | 106 |
(b), (c), or (d) of this section,
that was conducted by an | 107 |
instructor who was certified by an
official or entity of the | 108 |
government of this or another state or
the United States or by the | 109 |
national rifle association, and that
complies with the | 110 |
requirements set forth in division (G) of this
section; | 111 |
(f) An affidavit that attests to the applicant's
satisfactory | 112 |
completion of a course, class, or program described
in division | 113 |
(B)(3)(a), (b), (c), or (e) of this section and that
is subscribed | 114 |
by the applicant's instructor or an authorized
representative of | 115 |
the entity that offered the course, class, or
program or under | 116 |
whose auspices the course, class, or program was
offered. | 117 |
(C) Upon receipt of an applicant's completed application | 130 |
form, supporting documentation, and, if not waived, license fee, a | 131 |
sheriff, in the manner specified in section 311.41 of the Revised | 132 |
Code, shall conduct or cause to be
conducted the criminal
records | 133 |
check and the incompetency records check described in section | 134 |
311.41 of the
Revised Code. | 135 |
(D)(1) Except as provided in division (D)(3) or (4)
of
this | 136 |
section, within forty-five days after a sheriff's receipt
of
an | 137 |
applicant's
completed application form for a license to
carry a | 138 |
concealed
handgun, the supporting documentation, and, if
not | 139 |
waived, the license
fee, the sheriff shall make available
through | 140 |
the law enforcement automated data system in accordance
with | 141 |
division (H) of this section the information described in
that | 142 |
division and, upon making the information available through
the | 143 |
system, shall issue to the applicant a
license to carry a | 144 |
concealed handgun that shall expire as described in division | 145 |
(D)(2)(a) of this section if all of the
following apply: | 146 |
(i) If a person is absent from the United States, from this | 153 |
state, or from a particular county in this state in compliance | 154 |
with military or naval orders as an active or reserve member of | 155 |
the armed forces of the United States and if prior to leaving this | 156 |
state in compliance with those orders the person was legally | 157 |
living in the United States and was a resident of this state, the | 158 |
person, solely by reason of that absence, shall not be considered | 159 |
to have lost the person's status as living in the United States or | 160 |
the person's residence in this state or in the county in which the | 161 |
person was a resident prior to leaving this state in compliance | 162 |
with those orders, without regard to whether or not the person | 163 |
intends to return to this state or to that county, shall not be | 164 |
considered to have acquired a residence in any other state, and | 165 |
shall not be considered to have become a resident of any other | 166 |
state. | 167 |
(ii) If a person is present in this state in compliance with | 168 |
military or naval orders as an active or reserve member of the | 169 |
armed forces of the United States for at least forty-five days, | 170 |
the person shall be considered to have been a resident of this | 171 |
state for that period of at least forty-five days, and, if a | 172 |
person is present in a county of this state in compliance with | 173 |
military or naval orders as an active or reserve member of the | 174 |
armed forces of the United States for at least thirty days, the | 175 |
person shall be considered to have been a resident of that county | 176 |
for that period of at least thirty days. | 177 |
(d) The applicant is not under indictment for or otherwise | 180 |
charged with a felony; an offense under Chapter 2925., 3719., or | 181 |
4729. of the Revised Code that involves the illegal possession, | 182 |
use, sale, administration, or distribution of or trafficking in a | 183 |
drug of abuse; a misdemeanor offense of violence; or a violation | 184 |
of section 2903.14 or 2923.1211 of the Revised Code. | 185 |
(e) Except as otherwise provided in division (D)(5) of
this | 186 |
section, the applicant has not been convicted of or pleaded | 187 |
guilty
to a felony or an offense under Chapter
2925., 3719., or | 188 |
4729. of
the Revised Code that involves the
illegal possession, | 189 |
use, sale,
administration, or distribution of
or trafficking in a | 190 |
drug of
abuse; has not been adjudicated a delinquent child for | 191 |
committing
an act that if committed by an adult would be a felony | 192 |
or would be
an offense under Chapter 2925., 3719., or 4729. of | 193 |
the Revised
Code that involves the illegal possession, use, sale, | 194 |
administration, or distribution of or trafficking in a drug of | 195 |
abuse; and has not been convicted of, pleaded guilty to, or | 196 |
adjudicated a delinquent child for committing a violation of | 197 |
section
2903.13 of the Revised Code when the victim of the | 198 |
violation is a
peace officer, regardless of whether the applicant | 199 |
was sentenced
under division (C)(3) of that section. | 200 |
(f) Except as otherwise provided in division (D)(5) of
this | 201 |
section, the applicant, within three years of the date of the | 202 |
application, has not been convicted of or pleaded guilty to a | 203 |
misdemeanor offense of violence other than a
misdemeanor violation | 204 |
of section 2921.33 of the Revised Code or a
violation of section | 205 |
2903.13 of the Revised Code when the victim
of the violation is a | 206 |
peace officer, or a misdemeanor violation of
section 2923.1211 of | 207 |
the Revised Code; and has not been adjudicated a delinquent child | 208 |
for committing an act that if committed by an adult would be a | 209 |
misdemeanor offense of violence other than a misdemeanor violation | 210 |
of section 2921.33 of the Revised Code or a violation of section | 211 |
2903.13 of the Revised Code when the victim of the violation is a | 212 |
peace officer or for committing an act that if committed by an | 213 |
adult would be a misdemeanor violation of section 2923.1211 of the | 214 |
Revised Code. | 215 |
(i) The applicant has not been adjudicated as a mental | 226 |
defective, has not been committed to any mental institution, is | 227 |
not under adjudication of mental incompetence, has not been found | 228 |
by a court to be a mentally ill person subject to hospitalization | 229 |
by court order, and is not an involuntary patient other than one | 230 |
who is a patient only for purposes of observation. As used in this | 231 |
division, "mentally ill person subject to hospitalization by court | 232 |
order" and "patient" have the same meanings as in section 5122.01 | 233 |
of the Revised Code. | 234 |
(b) If a sheriff denies an application under this section | 265 |
because the applicant does not satisfy the criteria described in | 266 |
division (D)(1) of this section, the sheriff shall specify the | 267 |
grounds for the denial in a written notice to the applicant. The | 268 |
applicant may appeal the denial pursuant to section 119.12 of the | 269 |
Revised Code in the county served by the sheriff who denied the | 270 |
application. If the denial was as a result of the criminal records | 271 |
check conducted pursuant to section 311.41 of the Revised Code and | 272 |
if, pursuant to section 2923.127 of the Revised Code, the | 273 |
applicant challenges the criminal records check results using the | 274 |
appropriate challenge and review procedure specified in that | 275 |
section, the time for filing the appeal pursuant to section 119.12 | 276 |
of the Revised Code and this division is tolled during the | 277 |
pendency of the request or the challenge and review. If the court | 278 |
in an appeal under section 119.12 of the Revised Code and this | 279 |
division enters a judgment sustaining the sheriff's refusal to | 280 |
grant to the applicant a license to carry a concealed handgun, the | 281 |
applicant may file a new application beginning one year after the | 282 |
judgment is entered. If the court enters a judgment in favor of | 283 |
the applicant, that judgment shall not restrict the authority of a | 284 |
sheriff to suspend or revoke the license pursuant to section | 285 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 286 |
the license for any proper cause that may occur after the date the | 287 |
judgment is entered. In the appeal, the court shall have full | 288 |
power to dispose of all costs. | 289 |
(5) If an applicant has been convicted of or pleaded guilty | 304 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 305 |
this section or has been adjudicated a delinquent child for | 306 |
committing an act or violation identified in any of those | 307 |
divisions, and if a court has ordered the sealing or expungement | 308 |
of the records of that conviction, guilty plea, or adjudication | 309 |
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to | 310 |
2953.36 of the Revised Code or a court has granted the applicant | 311 |
relief pursuant to section 2923.14 of the Revised Code from the | 312 |
disability imposed pursuant to section 2923.13 of the Revised Code | 313 |
relative to that conviction, guilty plea, or adjudication, the | 314 |
sheriff with whom the application was submitted shall not consider | 315 |
the conviction, guilty plea, or adjudication in making a | 316 |
determination under division (D)(1) or (F) of this section or, in | 317 |
relation to an application for a temporary emergency license to | 318 |
carry a concealed handgun submitted under section 2923.1213 of the | 319 |
Revised Code, in making a determination under division (B)(2) of | 320 |
that section. | 321 |
(E) If a license to carry a concealed handgun issued under | 322 |
this section is lost or is destroyed, the licensee may obtain from | 323 |
the sheriff who issued that license a duplicate license upon the | 324 |
payment of a fee of fifteen dollars and the submission of an | 325 |
affidavit attesting to the loss or destruction of the license. The | 326 |
sheriff, in accordance with the procedures prescribed in section | 327 |
109.731 of the Revised Code, shall place on the replacement | 328 |
license a combination of identifying numbers different from the | 329 |
combination on the license that is being replaced. | 330 |
(F)(1) A licensee who wishes to renew a license to carry a | 331 |
concealed handgun issued under this section shall do so not | 332 |
earlier than ninety days before the expiration date of the license
| 333 |
or at any time after the
expiration
date of
the
license by | 334 |
filing with the sheriff of the
county in
which the
applicant | 335 |
resides or with the sheriff of an
adjacent
county an
application | 336 |
for renewal of the license
obtained
pursuant to
division (D) of | 337 |
this section, a certification by the applicant
that,
subsequent | 338 |
to the issuance of the license, the applicant
has
reread the | 339 |
pamphlet prepared by the Ohio peace officer
training
commission | 340 |
pursuant to section 109.731 of the Revised
Code that
reviews | 341 |
firearms, dispute resolution, and use of deadly
force
matters, a | 342 |
nonrefundable
license
renewal fee unless the fee is waived,
and | 343 |
one of the following: | 344 |
(2) A sheriff shall accept a completed renewal
application, | 357 |
the license renewal fee, and information
specified in division | 358 |
(F)(1) of this section at the times and
in the manners
described | 359 |
in division (I) of this section. Upon
receipt of a completed | 360 |
renewal application, of certification
that the applicant has | 361 |
reread the
specified
pamphlet prepared by
the Ohio peace | 362 |
officer training
commission,
of proof of a prior
competency | 363 |
certification for an initial renewal or of a
renewed
competency | 364 |
certification for a second or subsequent renewal, and
of a | 365 |
license
renewal fee unless
the fee is waived, a
sheriff, in
the | 366 |
manner
specified in section
311.41 of the Revised Code shall | 367 |
conduct or
cause to be conducted
the criminal
records check and | 368 |
the
incompetency records check
described in
section 311.41 of | 369 |
the
Revised Code.
The
sheriff
shall
renew the license if
the | 370 |
sheriff
determines that
the
applicant
continues to satisfy the | 371 |
requirements described in
division (D)(1)
of this section, except | 372 |
that the applicant is not required to meet the
requirements of | 373 |
division (D)(1)(l) of this section. A
renewed license
that is | 374 |
renewed on or after
March 14, 2007, shall expire
five years | 375 |
after
the date of
issuance, and a renewed license that
is | 376 |
renewed
prior to March
14, 2007,
shall expire
four
years after | 377 |
the date of issuance. A
renewed
license is subject to
division | 378 |
(E) of this section and
sections
2923.126 and 2923.128 of
the | 379 |
Revised Code. A sheriff
shall
comply
with divisions (D)(2) to | 380 |
(4)
of this section when
the
circumstances described in those | 381 |
divisions apply to a
requested
license renewal. If a sheriff | 382 |
denies the renewal of a
license to
carry a concealed handgun, | 383 |
the
applicant may appeal
the denial,
or challenge the criminal | 384 |
record
check results that
were the
basis of the denial if | 385 |
applicable, in
the same manner as
specified in division | 386 |
(D)(2)(b) of this section
and in section
2923.127 of the Revised | 387 |
Code, regarding the denial
of a license
under this section. | 388 |
(G)(1) Each course, class, or program described in division | 389 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 390 |
person who takes the course, class, or program a copy of the | 391 |
pamphlet prepared by the Ohio peace officer training commission | 392 |
pursuant to section 109.731 of the Revised Code that reviews | 393 |
firearms, dispute resolution, and use of deadly force matters. | 394 |
Each such course, class, or program described in one of those | 395 |
divisions shall include at least twelve hours of training
in the | 396 |
safe handling and use of a firearm that shall include all
of
the | 397 |
following: | 398 |
(3) The competency certification described in division | 421 |
(B)(3)(a), (b), (c), or (e) of this section shall be dated and | 422 |
shall attest that the
course, class, or program the applicant | 423 |
successfully completed met
the requirements described in division | 424 |
(G)(1) of this section and that the applicant passed the | 425 |
competency examination described in division (G)(2) of this | 426 |
section. | 427 |
(4) A person who previously has received a competency | 428 |
certification as
described in division (B)(3) of this section, or | 429 |
who previously
has received a renewed competency certification as | 430 |
described in
this division, may obtain a renewed competency | 431 |
certification
pursuant to this division. If the person previously | 432 |
has received a competency
certification or previously has | 433 |
received a renewed competency
certification, the person may | 434 |
obtain a renewed competency
certification from an entity that | 435 |
offers a course, class, or
program described in division | 436 |
(B)(3)(a), (b), (c), or (e) of this
section by passing a
test | 437 |
that demonstrates that the person is range
competent. In
these | 438 |
circumstances, the person is not required to
attend the
course, | 439 |
class, or program or
to take
the competency examination described | 440 |
in division (G)(2) of
this section for the renewed
competency | 441 |
certification in order to
be eligible to receive a renewed | 442 |
competency certification. A renewed
competency certification | 443 |
issued under this
division shall be
dated and shall attest that | 444 |
the person has demonstrated range
competency. | 445 |
(H) Upon deciding to issue a license, deciding to issue a | 446 |
replacement license, or deciding to renew a license to carry a | 447 |
concealed handgun pursuant to this section, and before actually | 448 |
issuing or renewing the license, the sheriff shall make available | 449 |
through the law enforcement automated data system all information | 450 |
contained on the license. If the license subsequently is suspended | 451 |
under division (A)(1) or (2) of section 2923.128 of the Revised | 452 |
Code, revoked pursuant to division (B)(1) of section 2923.128 of | 453 |
the Revised Code, or lost or destroyed, the sheriff also shall | 454 |
make available through the law enforcement automated data system a | 455 |
notation of that fact. The superintendent of the state highway | 456 |
patrol shall ensure that the law enforcement automated data system | 457 |
is so configured as to permit the transmission through the system | 458 |
of the information specified in this division. | 459 |
(I) A sheriff shall accept a completed application form or | 460 |
renewal application, and the fee, items, materials, and | 461 |
information specified in divisions (B)(1) to (5) or division (F) | 462 |
of this section, whichever is applicable, and shall provide an | 463 |
application form or renewal application and a copy of the pamphlet | 464 |
described in division (B) of section 109.731 of the Revised Code | 465 |
to any person during at least fifteen hours a week. The sheriff | 466 |
shall post notice of the hours during which the sheriff is | 467 |
available to accept or provide the information described in this | 468 |
division. | 469 |