Bill Text: OH HB45 | 2011-2012 | 129th General Assembly | Engrossed

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Bill Title: To permit a concealed carry licensee to possess a firearm in any liquor permit premises, or any open air arena, for which a D permit has been issued if the licensee is not consuming liquor or under the influence of alcohol or a drug of abuse and to modify the offense of improperly handling firearms in a motor vehicle as it applies to concealed carry licensees.

Spectrum: Partisan Bill (Republican 38-0)

Status: (Engrossed - Dead) 2011-05-12 - To Judiciary Criminal Justice [HB45 Detail]

Download: Ohio-2011-HB45-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

H. B. No. 45

Representatives Bubp, Johnson 

Cosponsors: Representatives Adams, J., Adams, R., Amstutz, Balderson, Beck, Blair, Blessing, Boose, Brenner, Burke, Damschroder, Derickson, Dovilla, Hackett, Hayes, Huffman, Kozlowski, Maag, Martin, Rosenberger, Ruhl, Sears, Slaby, Snitchler, Stautberg, Thompson, Uecker, Young, Buchy, Combs, Goodwin, Hall, Henne, Mecklenborg, Newbold, Wachtmann 

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A BILL

To amend sections 2923.121, 2923.128, and 2923.16 of

1

the Revised Code to permit a concealed carry

2

licensee to possess a firearm in any liquor permit

3

premises, or any open air arena, for which a D

4

permit has been issued if the licensee is not

5

consuming liquor or under the influence of alcohol

6

or a drug of abuse and to modify the offense of

7

improperly handling firearms in a motor vehicle as

8

it applies to concealed carry licensees.

9

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

Section 1. That sections 2923.121, 2923.128, and 2923.16 of	10
the Revised Code be amended to read as follows:	11

Sec. 2923.121.  (A) No person shall possess a firearm in any	12
room in which any person is consuming liquor in premises for which	13
a D permit has been issued under Chapter 4303. of the Revised Code	14
or in an open air arena for which a permit of that nature has been	15
issued.	16

(B)(1) This section does not apply to any of the following:

17

(a) An officer, agent, or employee of this or any other state	18
or the United States, or to a law enforcement officer, who is	19
authorized to carry firearms and is acting within the scope of the	20
officer's, agent's, or employee's duties;	21

(b) Any person who is employed in this state, who is	22
authorized to carry firearms, and who is subject to and in	23
compliance with the requirements of section 109.801 of the Revised	24
Code, unless the appointing authority of the person has expressly	25
specified that the exemption provided in division (B)(1)(b) of	26
this section does not apply to the person;	27

(c) Any room used for the accommodation of guests of a hotel,	28
as defined in section 4301.01 of the Revised Code;	29

(d) The principal holder of a D permit issued for premises or	30
an open air arena under Chapter 4303. of the Revised Code while in	31
the premises or open air arena for which the permit was issued if	32
the principal holder of the D permit also possesses a valid	33
license or temporary emergency license to carry a concealed	34
handgun issued to the principal holder under section 2923.125 or	35
2923.1213 of the Revised Code or a license to carry a concealed	36
handgun that was issued to the principal holder by another state	37
with which the attorney general has entered into a reciprocity	38
agreement under section 109.69 of the Revised Code and as long as	39
the principal holder is not consuming liquor or under the	40
influence of alcohol or a drug of abuse, or any agent or employee	41
of that holder who also is a peace officer, as defined in section	42
2151.3515 of the Revised Code, who is off duty, and who otherwise	43
is authorized to carry firearms while in the course of the	44
officer's official duties and while in the premises or open air	45
arena for which the permit was issued and as long as the agent or	46
employee of that holder is not consuming liquor or under the	47
influence of alcohol or a drug of abuse.	48

(e) Any person who is carrying a valid license or temporary	49
emergency license to carry a concealed handgun issued to the	50
person under section 2923.125 or 2923.1213 of the Revised Code or	51
a license to carry a concealed handgun that was issued to the	52
person by another state with which the attorney general has	53
entered into a reciprocity agreement under section 109.69 of the	54
Revised Code and who possesses the firearm in a retail store with	55
D-6 and D-8 permits issued for that store under sections 4303.182	56
and 4303.184 of the Revised Code or a D-8 permit issued for that	57
store under section 4303.184 of the Revised Code, as long as the	58
person is not consuming liquor or under the influence of alcohol	59
or a drug of abuse.	60

(2) This section does not prohibit any person who is a member	61
of a veteran's organization, as defined in section 2915.01 of the	62
Revised Code, from possessing a rifle in any room in any premises	63
owned, leased, or otherwise under the control of the veteran's	64
organization, if the rifle is not loaded with live ammunition and	65
if the person otherwise is not prohibited by law from having the	66
rifle.	67

(3) This section does not apply to any person possessing or	68
displaying firearms in any room used to exhibit unloaded firearms	69
for sale or trade in a soldiers' memorial established pursuant to	70
Chapter 345. of the Revised Code, in a convention center, or in	71
any other public meeting place, if the person is an exhibitor,	72
trader, purchaser, or seller of firearms and is not otherwise	73
prohibited by law from possessing, trading, purchasing, or selling	74
the firearms.	75

(C) It is an affirmative defense to a charge under this	76
section of illegal possession of a firearm in liquor permit	77
premises that involves the possession of a firearm other than a	78
handgun, that the actor was not otherwise prohibited by law from	79
having the firearm, and that any of the following apply:	80

(1) The firearm was carried or kept ready at hand by the	81
actor for defensive purposes, while the actor was engaged in or	82
was going to or from the actor's lawful business or occupation,	83
which business or occupation was of such character or was	84
necessarily carried on in such manner or at such a time or place	85
as to render the actor particularly susceptible to criminal	86
attack, such as would justify a prudent person in going armed.	87

(2) The firearm was carried or kept ready at hand by the	88
actor for defensive purposes, while the actor was engaged in a	89
lawful activity, and had reasonable cause to fear a criminal	90
attack upon the actor or a member of the actor's family, or upon	91
the actor's home, such as would justify a prudent person in going	92
armed.	93

(D) No person who is charged with a violation of this section	94
shall be required to obtain a license or temporary emergency	95
license to carry a concealed handgun under section 2923.125 or	96
2923.1213 of the Revised Code as a condition for the dismissal of	97
the charge.	98

(E) Whoever violates this section is guilty of illegal	99
possession of a firearm in liquor permit premises. Except as	100
otherwise provided in this division, illegal possession of a	101
firearm in liquor permit premises is a felony of the fifth degree.	102
If the offender commits the violation of this section by knowingly	103
carrying or having the firearm concealed on the offender's person	104
or concealed ready at hand, illegal possession of a firearm in	105
liquor permit premises is a felony of the third degree.	106

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	107
license issued under section 2923.125 or 2923.1213 of the Revised	108
Code is arrested for or otherwise charged with an offense	109
described in division (D)(1)(d) of section 2923.125 of the Revised	110
Code or with a violation of section 2923.15 of the Revised Code or	111
becomes subject to a temporary protection order or to a protection	112
order issued by a court of another state that is substantially	113
equivalent to a temporary protection order, the sheriff who issued	114
the license or temporary emergency license shall suspend it and	115
shall comply with division (A)(3) of this section upon becoming	116
aware of the arrest, charge, or protection order. Upon suspending	117
the license or temporary emergency license, the sheriff also shall	118
comply with division (H) of section 2923.125 of the Revised Code.	119

(b) A suspension under division (A)(1)(a) of this section	120
shall be considered as beginning on the date that the licensee is	121
arrested for or otherwise charged with an offense described in	122
that division or on the date the appropriate court issued the	123
protection order described in that division, irrespective of when	124
the sheriff notifies the licensee under division (A)(3) of this	125
section. The suspension shall end on the date on which the charges	126
are dismissed or the licensee is found not guilty of the offense	127
described in division (A)(1)(a) of this section or, subject to	128
division (B) of this section, on the date the appropriate court	129
terminates the protection order described in that division. If the	130
suspension so ends, the sheriff shall return the license or	131
temporary emergency license to the licensee.	132

(2)(a) If a licensee holding a valid license issued under	133
section 2923.125 or 2923.1213 of the Revised Code is convicted of	134
or pleads guilty to a misdemeanor violation of division (B)(1),	135
(2), or (4) of section 2923.12 of the Revised Code or of division	136
(E)(1), (2), (3), (4), or (6)(5) of section 2923.16 of the Revised	137
Code, except as provided in division (A)(2)(c) of this section and	138
subject to division (C) of this section, the sheriff who issued	139
the license or temporary emergency license shall suspend it and	140
shall comply with division (A)(3) of this section upon becoming	141
aware of the conviction or guilty plea. Upon suspending the	142
license or temporary emergency license, the sheriff also shall	143
comply with division (H) of section 2923.125 of the Revised Code.	144

(b) A suspension under division (A)(2)(a) of this section	145
shall be considered as beginning on the date that the licensee is	146
convicted of or pleads guilty to the offense described in that	147
division, irrespective of when the sheriff notifies the licensee	148
under division (A)(3) of this section. If the suspension is	149
imposed for a misdemeanor violation of division (B)(1) or (2) of	150
section 2923.12 of the Revised Code or of division (E)(1), (2), or	151
(3) or (4) of section 2923.16 of the Revised Code, it shall end on	152
the date that is one year after the date that the licensee is	153
convicted of or pleads guilty to that violation. If the suspension	154
is imposed for a misdemeanor violation of division (B)(4) of	155
section 2923.12 of the Revised Code or of division (E)(6)(5) of	156
section 2923.16 of the Revised Code, it shall end on the date that	157
is two years after the date that the licensee is convicted of or	158
pleads guilty to that violation. If the licensee's license was	159
issued under section 2923.125 of the Revised Code and the license	160
remains valid after the suspension ends as described in this	161
division, when the suspension ends, the sheriff shall return the	162
license to the licensee. If the licensee's license was issued	163
under section 2923.125 of the Revised Code and the license expires	164
before the suspension ends as described in this division, or if	165
the licensee's license was issued under section 2923.1213 of the	166
Revised Code, the licensee is not eligible to apply for a new	167
license under section 2923.125 or 2923.1213 of the Revised Code or	168
to renew the license under section 2923.125 of the Revised Code	169
until after the suspension ends as described in this division.	170

(c) The license of a licensee who is convicted of or pleads	171
guilty to a violation of division (B)(1) of section 2923.12 or	172
division (E)(3)(1) or (2) of section 2923.16 of the Revised Code	173
shall not be suspended pursuant to division (A)(2)(a) of this	174
section if, at the time of the stop of the licensee for a law	175
enforcement purpose, for a traffic stop, or for a purpose defined	176
in section 5503.34 of the Revised Code that was the basis of the	177
violation, any law enforcement officer involved with the stop or	178
the employee of the motor carrier enforcement unit who made the	179
stop had actual knowledge of the licensee's status as a licensee.	180

(3) Upon becoming aware of an arrest, charge, or protection	181
order described in division (A)(1)(a) of this section with respect	182
to a licensee who was issued a license under section 2923.125 or	183
2923.1213 of the Revised Code, or a conviction of or plea of	184
guilty to a misdemeanor offense described in division (A)(2)(a) of	185
this section with respect to a licensee who was issued a license	186
under either section and with respect to which division (A)(2)(c)	187
of this section does not apply, subject to division (C) of this	188
section, the sheriff who issued the licensee's license or	189
temporary emergency license to carry a concealed handgun shall	190
notify the licensee, by certified mail, return receipt requested,	191
at the licensee's last known residence address that the license or	192
temporary emergency license has been suspended and that the	193
licensee is required to surrender the license or temporary	194
emergency license at the sheriff's office within ten days of the	195
date on which the notice was mailed. If the suspension is pursuant	196
to division (A)(2) of this section, the notice shall identify the	197
date on which the suspension ends.	198

(B)(1) A sheriff who issues a license or temporary emergency	199
license to carry a concealed handgun to a licensee under section	200
2923.125 or 2923.1213 of the Revised Code shall revoke the license	201
or temporary emergency license in accordance with division (B)(2)	202
of this section upon becoming aware that the licensee satisfies	203
any of the following:	204

(a) The licensee is under twenty-one years of age.

205

(b) Subject to division (C) of this section, at the time of	206
the issuance of the license or temporary emergency license, the	207
licensee did not satisfy the eligibility requirements of division	208
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the	209
Revised Code.	210

(c) Subject to division (C) of this section, on or after the	211
date on which the license or temporary emergency license was	212
issued, the licensee is convicted of or pleads guilty to a	213
violation of section 2923.15 of the Revised Code or an offense	214
described in division (D)(1)(e), (f), (g), or (h) of section	215
2923.125 of the Revised Code.	216

(d) On or after the date on which the license or temporary	217
emergency license was issued, the licensee becomes subject to a	218
civil protection order or to a protection order issued by a court	219
of another state that is substantially equivalent to a civil	220
protection order.	221

(e) The licensee knowingly carries a concealed handgun into a	222
place that the licensee knows is an unauthorized place specified	223
in division (B) of section 2923.126 of the Revised Code.	224

(f) On or after the date on which the license or temporary	225
emergency license was issued, the licensee is adjudicated as a	226
mental defective or is committed to a mental institution.	227

(g) At the time of the issuance of the license or temporary	228
emergency license, the licensee did not meet the residency	229
requirements described in division (D)(1) of section 2923.125 of	230
the Revised Code and currently does not meet the residency	231
requirements described in that division.	232

(h) Regarding a license issued under section 2923.125 of the	233
Revised Code, the competency certificate the licensee submitted	234
was forged or otherwise was fraudulent.	235

(2) Upon becoming aware of any circumstance listed in	236
division (B)(1) of this section that applies to a particular	237
licensee who was issued a license under section 2923.125 or	238
2923.1213 of the Revised Code, subject to division (C) of this	239
section, the sheriff who issued the license or temporary emergency	240
license to carry a concealed handgun to the licensee shall notify	241
the licensee, by certified mail, return receipt requested, at the	242
licensee's last known residence address that the license or	243
temporary emergency license is subject to revocation and that the	244
licensee may come to the sheriff's office and contest the	245
sheriff's proposed revocation within fourteen days of the date on	246
which the notice was mailed. After the fourteen-day period and	247
after consideration of any information that the licensee provides	248
during that period, if the sheriff determines on the basis of the	249
information of which the sheriff is aware that the licensee is	250
described in division (B)(1) of this section and no longer	251
satisfies the requirements described in division (D)(1) of section	252
2923.125 of the Revised Code that are applicable to the licensee's	253
type of license, the sheriff shall revoke the license or temporary	254
emergency license, notify the licensee of that fact, and require	255
the licensee to surrender the license or temporary emergency	256
license. Upon revoking the license or temporary emergency license,	257
the sheriff also shall comply with division (H) of section	258
2923.125 of the Revised Code.	259

(C) If a sheriff who issues a license or temporary emergency	260
license to carry a concealed handgun to a licensee under section	261
2923.125 or 2923.1213 of the Revised Code becomes aware that at	262
the time of the issuance of the license or temporary emergency	263
license the licensee had been convicted of or pleaded guilty to an	264
offense identified in division (D)(1)(e), (f), or (h) of section	265
2923.125 of the Revised Code or had been adjudicated a delinquent	266
child for committing an act or violation identified in any of	267
those divisions or becomes aware that on or after the date on	268
which the license or temporary emergency license was issued the	269
licensee has been convicted of or pleaded guilty to an offense	270
identified in division (A)(2)(a) or (B)(1)(c) of this section, the	271
sheriff shall not consider that conviction, guilty plea, or	272
adjudication as having occurred for purposes of divisions (A)(2),	273
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered	274
the sealing or expungement of the records of that conviction,	275
guilty plea, or adjudication pursuant to sections 2151.355 to	276
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a	277
court has granted the licensee relief pursuant to section 2923.14	278
of the Revised Code from the disability imposed pursuant to	279
section 2923.13 of the Revised Code relative to that conviction,	280
guilty plea, or adjudication.	281

(D) As used in this section, "motor carrier enforcement unit"	282
has the same meaning as in section 2923.16 of the Revised Code.	283

Sec. 2923.16.  (A) No person shall knowingly discharge a	284
firearm while in or on a motor vehicle.	285

(B) No person shall knowingly transport or have a loaded	286
firearm in a motor vehicle in such a manner that the firearm is	287
accessible to the operator or any passenger without leaving the	288
vehicle.	289

(C) No person shall knowingly transport or have a firearm in	290
a motor vehicle, unless the person may lawfully possess that	291
firearm under applicable law of this state or the United States,	292
the firearm is unloaded, and the firearm is carried in one of the	293
following ways:	294

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

295

(2) In a compartment that can be reached only by leaving the	296
vehicle;	297

(3) In plain sight and secured in a rack or holder made for	298
the purpose;	299

(4) If the firearm is at least twenty-four inches in overall	300
length as measured from the muzzle to the part of the stock	301
furthest from the muzzle and if the barrel is at least eighteen	302
inches in length, either in plain sight with the action open or	303
the weapon stripped, or, if the firearm is of a type on which the	304
action will not stay open or which cannot easily be stripped, in	305
plain sight.	306

(D) No person shall knowingly transport or have a loaded	307
handgun in a motor vehicle if, at the time of that transportation	308
or possession, any of the following applies:	309

(1) The person is under the influence of alcohol, a drug of	310
abuse, or a combination of them.	311

(2) The person's whole blood, blood serum or plasma, breath,	312
or urine contains a concentration of alcohol, a listed controlled	313
substance, or a listed metabolite of a controlled substance	314
prohibited for persons operating a vehicle, as specified in	315
division (A) of section 4511.19 of the Revised Code, regardless of	316
whether the person at the time of the transportation or possession	317
as described in this division is the operator of or a passenger in	318
the motor vehicle.	319

(E) No person who has been issued a license or temporary	320
emergency license to carry a concealed handgun under section	321
2923.125 or 2923.1213 of the Revised Code shall do any of the	322
following:	323

(1) Knowingly transport or have a loaded handgun in a motor	324
vehicle unless one of the following applies:	325

(a) The loaded handgun is in a holster on the person's	326
person.	327

(b) The loaded handgun is in a closed case, bag, box, or	328
other container that is in plain sight and that has a lid, a	329
cover, or a closing mechanism with a zipper, snap, or buckle,	330
which lid, cover, or closing mechanism must be opened for a person	331
to gain access to the handgun.	332

(c) The loaded handgun is securely encased by being stored in	333
a closed glove compartment or vehicle console or in a case that is	334
locked.	335

(2) If the person is transporting or has a loaded handgun in	336
a motor vehicle in a manner authorized under division (E)(1) of	337
this section, knowingly remove or attempt to remove the loaded	338
handgun from the holster, case, bag, box, container, or glove	339
compartment, knowingly grasp or hold the loaded handgun, or	340
knowingly have contact with the loaded handgun by touching it with	341
the person's hands or fingers while the motor vehicle is being	342
operated on a street, highway, or public property unless the	343
person removes, attempts to remove, grasps, holds, or has the	344
contact with the loaded handgun pursuant to and in accordance with	345
directions given by a law enforcement officer;	346

(3) If the personor a license to carry a concealed handgun	347
that was issued to the person by another state with which the	348
attorney general has entered into a reciprocity agreement under	349
section 109.69 of the Revised Code, who is the driver or an	350
occupant of a motor vehicle that is stopped as a result of a	351
traffic stop or a stop for another law enforcement purpose or is	352
the driver or an occupant of a commercial motor vehicle that is	353
stopped by an employee of the motor carrier enforcement unit for	354
the purposes defined in section 5503.34 of the Revised Code, and	355
if the personwho is transporting or has a loaded handgun in the	356
motor vehicle or commercial motor vehicle in any manner, fail to	357
shall do any of the following that is applicable:	358

(a) If the person is the driver or an occupant of a motor	359
vehicle stopped as a result of a traffic stop or a stop for	360
another law enforcement purpose, fail(1) Fail to promptly inform	361
any law enforcement officer who approaches the vehicle while	362
stopped that the person has been issued a license or temporary	363
emergency license to carry a concealed handgun and that the person	364
then possesses or has a loaded handgun in the motor vehicle;	365

(b) If the person is the driver or an occupant of a	366
commercial motor vehicle stopped by an employee of the motor	367
carrier enforcement unit for any of the defined purposes, fail(2)	368
Fail to promptly inform the employee of the unit who approaches	369
the vehicle while stopped that the person has been issued a	370
license or temporary emergency license to carry a concealed	371
handgun and that the person then possesses or has a loaded handgun	372
in the commercial motor vehicle.	373

(4) If the person is the driver or an occupant of a motor	374
vehicle that is stopped as a result of a traffic stop or a stop	375
for another law enforcement purpose and if the person is	376
transporting or has a loaded handgun in the motor vehicle in any	377
manner, knowingly;	378

(3) Knowingly fail to remain in the motor vehicle while	379
stopped or knowingly fail to keep the person's hands in plain	380
sight at any time after any law enforcement officer begins	381
approaching the person while stopped and before the law	382
enforcement officer leaves, unless the failure is pursuant to and	383
in accordance with directions given by a law enforcement officer;	384

(5) If the person is the driver or an occupant of a motor	385
vehicle that is stopped as a result of a traffic stop or a stop	386
for another law enforcement purpose, if the person is transporting	387
or has a loaded handgun in the motor vehicle in a manner	388
authorized under division (E)(1) of this section, and if the	389
person is approached by any law enforcement officer while stopped,	390
knowingly remove or attempt to remove the loaded handgun from the	391
holster, case, bag, box, container, or glove compartment,	392
knowingly grasp or hold the loaded handgun, or knowingly(4)	393
Knowingly have contact with the loaded handgun by touching it with	394
the person's hands or fingers in the motor vehicle at any time	395
after the law enforcement officer begins approaching and before	396
the law enforcement officer leaves, unless the person removes,	397
attempts to remove, grasps, holds, or has contact with the loaded	398
handgun pursuant to and in accordance with directions given by the	399
law enforcement officer;	400

(6) If the person is the driver or an occupant of a motor	401
vehicle that is stopped as a result of a traffic stop or a stop	402
for another law enforcement purpose and if the person is	403
transporting or has a loaded handgun in the motor vehicle in any	404
manner, knowingly(5) Knowingly disregard or fail to comply with	405
any lawful order of any law enforcement officer given while the	406
motor vehicle is stopped, including, but not limited to, a	407
specific order to the person to keep the person's hands in plain	408
sight.	409

(F)(1) Divisions (A), (B), (C), and (E) of this section do	410
not apply to any of the following:	411

(a) An officer, agent, or employee of this or any other state	412
or the United States, or a law enforcement officer, when	413
authorized to carry or have loaded or accessible firearms in motor	414
vehicles and acting within the scope of the officer's, agent's, or	415
employee's duties;	416

(b) Any person who is employed in this state, who is	417
authorized to carry or have loaded or accessible firearms in motor	418
vehicles, and who is subject to and in compliance with the	419
requirements of section 109.801 of the Revised Code, unless the	420
appointing authority of the person has expressly specified that	421
the exemption provided in division (F)(1)(b) of this section does	422
not apply to the person.	423

(2) Division (A) of this section does not apply to a person	424
if all of the following circumstances apply:	425

(a) The person discharges a firearm from a motor vehicle at a	426
coyote or groundhog, the discharge is not during the deer gun	427
hunting season as set by the chief of the division of wildlife of	428
the department of natural resources, and the discharge at the	429
coyote or groundhog, but for the operation of this section, is	430
lawful.	431

(b) The motor vehicle from which the person discharges the	432
firearm is on real property that is located in an unincorporated	433
area of a township and that either is zoned for agriculture or is	434
used for agriculture.	435

(c) The person owns the real property described in division	436
(F)(2)(b) of this section, is the spouse or a child of another	437
person who owns that real property, is a tenant of another person	438
who owns that real property, or is the spouse or a child of a	439
tenant of another person who owns that real property.	440

(d) The person does not discharge the firearm in any of the	441
following manners:	442

(i) While under the influence of alcohol, a drug of abuse, or	443
alcohol and a drug of abuse;	444

(ii) In the direction of a street, highway, or other public	445
or private property used by the public for vehicular traffic or	446
parking;	447

(iii) At or into an occupied structure that is a permanent or	448
temporary habitation;	449

(iv) In the commission of any violation of law, including,	450
but not limited to, a felony that includes, as an essential	451
element, purposely or knowingly causing or attempting to cause the	452
death of or physical harm to another and that was committed by	453
discharging a firearm from a motor vehicle.	454

(3) Division (A) of this section does not apply to a person	455
if all of the following apply:	456

(a) The person possesses a valid electric-powered all-purpose	457
vehicle permit issued under section 1533.103 of the Revised Code	458
by the chief of the division of wildlife.	459

(b) The person discharges a firearm at a wild quadruped or	460
game bird as defined in section 1531.01 of the Revised Code during	461
the open hunting season for the applicable wild quadruped or game	462
bird.	463

(c) The person discharges a firearm from a stationary	464
electric-powered all-purpose vehicle as defined in section 1531.01	465
of the Revised Code or a motor vehicle that is parked on a road	466
that is owned or administered by the division of wildlife,	467
provided that the road is identified by an electric-powered	468
all-purpose vehicle sign.	469

(d) The person does not discharge the firearm in any of the	470
following manners:	471

(i) While under the influence of alcohol, a drug of abuse, or	472
alcohol and a drug of abuse;	473

(ii) In the direction of a street, a highway, or other public	474
or private property that is used by the public for vehicular	475
traffic or parking;	476

(iii) At or into an occupied structure that is a permanent or	477
temporary habitation;	478

(iv) In the commission of any violation of law, including,	479
but not limited to, a felony that includes, as an essential	480
element, purposely or knowingly causing or attempting to cause the	481
death of or physical harm to another and that was committed by	482
discharging a firearm from a motor vehicle.	483

(4) Divisions (B) and (C) of this section do not apply to a	484
person if all of the following circumstances apply:	485

(a) At the time of the alleged violation of either of those	486
divisions, the person is the operator of or a passenger in a motor	487
vehicle.	488

(b) The motor vehicle is on real property that is located in	489
an unincorporated area of a township and that either is zoned for	490
agriculture or is used for agriculture.	491

(c) The person owns the real property described in division	492
(D)(4)(b) of this section, is the spouse or a child of another	493
person who owns that real property, is a tenant of another person	494
who owns that real property, or is the spouse or a child of a	495
tenant of another person who owns that real property.	496

(d) The person, prior to arriving at the real property	497
described in division (D)(4)(b) of this section, did not transport	498
or possess a firearm in the motor vehicle in a manner prohibited	499
by division (B) or (C) of this section while the motor vehicle was	500
being operated on a street, highway, or other public or private	501
property used by the public for vehicular traffic or parking.	502

(5) Divisions (B) and (C) of this section do not apply to a	503
person who transports or possesses a handgun in a motor vehicle	504
if, at the time of that transportation or possession, allboth of	505
the following apply:	506

(a) The person transporting or possessing the handgun is	507
carrying a valid license or temporary emergency license to carry a	508
concealed handgun issued to the person under section 2923.125 or	509
2923.1213 of the Revised Code or a license to carry a concealed	510
handgun that was issued by another state with which the attorney	511
general has entered into a reciprocity agreement under section	512
109.69 of the Revised Code.	513

(b) The person transporting or possessing the handgun is not	514
knowingly in a place described in division (B) of section 2923.126	515
of the Revised Code.	516

(c) One of the following applies:

517

(i) The handgun is in a holster on the person's person.

518

(ii) The handgun is in a closed case, bag, box, or other	519
container that is in plain sight and that has a lid, a cover, or a	520
closing mechanism with a zipper, snap, or buckle, which lid,	521
cover, or closing mechanism must be opened for a person to gain	522
access to the handgun.	523

(iii) The handgun is securely encased by being stored in a	524
closed glove compartment or vehicle console or in a case that is	525
locked.	526

(6) Divisions (B) and (C) of this section do not apply to a	527
person if all of the following apply:	528

(a) The person possesses a valid electric-powered all-purpose	529
vehicle permit issued under section 1533.103 of the Revised Code	530
by the chief of the division of wildlife.	531

(b) The person is on or in an electric-powered all-purpose	532
vehicle as defined in section 1531.01 of the Revised Code or a	533
motor vehicle during the open hunting season for a wild quadruped	534
or game bird.	535

(c) The person is on or in an electric-powered all-purpose	536
vehicle as defined in section 1531.01 of the Revised Code or a	537
motor vehicle that is parked on a road that is owned or	538
administered by the division of wildlife, provided that the road	539
is identified by an electric-powered all-purpose vehicle sign.	540

(G)(1) The affirmative defenses authorized in divisions	541
(D)(1) and (2) of section 2923.12 of the Revised Code are	542
affirmative defenses to a charge under division (B) or (C) of this	543
section that involves a firearm other than a handgun.	544

(2) It is an affirmative defense to a charge under division	545
(B) or (C) of this section of improperly handling firearms in a	546
motor vehicle that the actor transported or had the firearm in the	547
motor vehicle for any lawful purpose and while the motor vehicle	548
was on the actor's own property, provided that this affirmative	549
defense is not available unless the person, immediately prior to	550
arriving at the actor's own property, did not transport or possess	551
the firearm in a motor vehicle in a manner prohibited by division	552
(B) or (C) of this section while the motor vehicle was being	553
operated on a street, highway, or other public or private property	554
used by the public for vehicular traffic.	555

(H) No person who is charged with a violation of division	556
(B), (C), or (D) of this section shall be required to obtain a	557
license or temporary emergency license to carry a concealed	558
handgun under section 2923.125 or 2923.1213 of the Revised Code as	559
a condition for the dismissal of the charge.	560

(I) Whoever violates this section is guilty of improperly	561
handling firearms in a motor vehicle. Violation of division (A) of	562
this section is a felony of the fourth degree. Violation of	563
division (C) of this section is a misdemeanor of the fourth	564
degree. A violation of division (D) of this section is a felony of	565
the fifth degree or, if the loaded handgun is concealed on the	566
person's person, a felony of the fourth degree. Except as	567
otherwise provided in this division, a violation of division	568
(E)(3)(1) or (2) of this section is a misdemeanor of the first	569
degree, and, in addition to any other penalty or sanction imposed	570
for the violation, the offender's license or temporary emergency	571
license to carry a concealed handgun shall be suspended pursuant	572
to division (A)(2) of section 2923.128 of the Revised Code. If at	573
the time of the stop of the offender for a traffic stop, for	574
another law enforcement purpose, or for a purpose defined in	575
section 5503.34 of the Revised Code that was the basis of the	576
violation any law enforcement officer involved with the stop or	577
the employee of the motor carrier enforcement unit who made the	578
stop had actual knowledge of the offender's status as a licensee,	579
a violation of division (E)(3)(1) or (2) of this section is a	580
minor misdemeanor, and the offender's license or temporary	581
emergency license to carry a concealed handgun shall not be	582
suspended pursuant to division (A)(2) of section 2923.128 of the	583
Revised Code. A violation of division (E)(1), (2), or (5)(4) of	584
this section is a felony of the fifth degree. A violation of	585
division (E)(4)(3) or (6)(5) of this section is a misdemeanor of	586
the first degree or, if the offender previously has been convicted	587
of or pleaded guilty to a violation of division (E)(4)(3) or	588
(6)(5) of this section, a felony of the fifth degree. In addition	589
to any other penalty or sanction imposed for a misdemeanor	590
violation of division (E)(4)(3) or (6)(5) of this section, the	591
offender's license or temporary emergency license to carry a	592
concealed handgun shall be suspended pursuant to division (A)(2)	593
of section 2923.128 of the Revised Code. A violation of division	594
(B) of this section is whichever of the following is applicable:	595

(1) If, at the time of the transportation or possession in	596
violation of division (B) of this section, the offender was	597
carrying a valid license or temporary emergency license to carry a	598
concealed handgun issued to the offender under section 2923.125 or	599
2923.1213 of the Revised Code or a license to carry a concealed	600
handgun that was issued by another state with which the attorney	601
general has entered into a reciprocity agreement under section	602
109.69 of the Revised Code and the offender was not knowingly in a	603
place described in division (B) of section 2923.126 of the Revised	604
Code, the violation is a misdemeanor of the first degree or, if	605
the offender previously has been convicted of or pleaded guilty to	606
a violation of division (B) of this section, a felony of the	607
fourth degree.	608

(2) If division (I)(1) of this section does not apply, a	609
felony of the fourth degree.	610

(J) If a law enforcement officer stops a motor vehicle for a	611
traffic stop or any other purpose, if any person in the motor	612
vehicle surrenders a firearm to the officer, either voluntarily or	613
pursuant to a request or demand of the officer, and if the officer	614
does not charge the person with a violation of this section or	615
arrest the person for any offense, the person is not otherwise	616
prohibited by law from possessing the firearm, and the firearm is	617
not contraband, the officer shall return the firearm to the person	618
at the termination of the stop. If a court orders a law	619
enforcement officer to return a firearm to a person pursuant to	620
the requirement set forth in this division, division (B) of	621
section 2923.163 of the Revised Code applies.	622

(K) As used in this section:

623

(1) "Motor vehicle," "street," and "highway" have the same	624
meanings as in section 4511.01 of the Revised Code.	625

(2) "Occupied structure" has the same meaning as in section	626
2909.01 of the Revised Code.	627

(3) "Agriculture" has the same meaning as in section 519.01	628
of the Revised Code.	629

(4) "Tenant" has the same meaning as in section 1531.01 of	630
the Revised Code.	631

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

632

(a) No ammunition is in the firearm in question, and no	633
ammunition is loaded into a magazine or speed loader that may be	634
used with the firearm in question and that is located anywhere	635
within the vehicle in question, without regard to where ammunition	636
otherwise is located within the vehicle in question. For the	637
purposes of division (K)(5)(a) of this section, ammunition held in	638
stripper-clips or in en-bloc clips is not considered ammunition	639
that is loaded into a magazine or speed loader.	640

(b) With respect to a firearm employing a percussion cap,	641
flintlock, or other obsolete ignition system, when the weapon is	642
uncapped or when the priming charge is removed from the pan.	643

(6) "Commercial motor vehicle" has the same meaning as in	644
division (A) of section 4506.25 of the Revised Code.	645

(7) "Motor carrier enforcement unit" means the motor carrier	646
enforcement unit in the department of public safety, division of	647
state highway patrol, that is created by section 5503.34 of the	648
Revised Code.	649

Section 2. That existing sections 2923.121, 2923.128, and	650
2923.16 of the Revised Code are hereby repealed.	651