Bill Text: OH HB595 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To generally prohibit a person from having a firearm on privately owned land or premises unless the person owns, controls, or resides on or in the land or premises, has permission of the owner or person who controls the land or premises and, if the land or premises is rental property, of the tenant when required, or is the tenant with respect to those premises.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2012-09-26 - To State Government & Elections [HB595 Detail]

Download: Ohio-2011-HB595-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 595

Representative Patmon 

Cosponsor: Representative Celeste 

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A BILL

To amend sections 2911.21, 2923.122, and 2923.126 of

1

the Revised Code to generally prohibit a person

2

from having a firearm on privately owned land or

3

premises unless the person owns, controls, or

4

resides on or in the land or premises, has

5

permission of the owner or person who controls the

6

land or premises and, if the land or premises is

7

rental property, of the tenant when required, or

8

is the tenant with respect to those premises.

9

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

Section 1.  That sections 2911.21, 2923.122, and 2923.126 of	10
the Revised Code be amended to read as follows:	11

Sec. 2911.21.  (A) No person, without privilege to do so,	12
shall do any of the following:	13

(1) Knowingly enter or remain on the land or premises of	14
another;	15

(2) Knowingly enter or remain on the land or premises of	16
another, the use of which is lawfully restricted to certain	17
persons, purposes, modes, or hours, when the offender knows the	18
offender is in violation of any such restriction or is reckless in	19
that regard;	20

(3) Recklessly enter or remain on the land or premises of	21
another, as to which notice against unauthorized access or	22
presence is given by actual communication to the offender, or in a	23
manner prescribed by law, or by posting in a manner reasonably	24
calculated to come to the attention of potential intruders, or by	25
fencing or other enclosure manifestly designed to restrict access;	26

(4) Being on the land or premises of another, negligently	27
fail or refuse to leave upon being notified by signage posted in a	28
conspicuous place or otherwise being notified to do so by the	29
owner or occupant, or the agent or servant of either;	30

(5) Knowingly carry a firearm on, onto, or into any private	31
land or premises unless any of the following applies:	32

(a) The person is the owner or person in control of the	33
private land or premises.	34

(b) The person resides on or in the private land or premises.

35

(c) The private land or premises is not residential rental	36
premises or commercial rental premises, the owner or person in	37
control of the private land or premises permits another person to	38
carry a firearm on, onto, or into the land or premises either by	39
posting a sign in a conspicuous location on the land or premises	40
that expressly permits other persons to carry a firearm on, onto,	41
or into the land or premises or by granting the other person	42
express permission, orally or in writing, to carry a firearm on,	43
onto, or into the land or premises, and the person's carrying of	44
the firearm on, onto, or into the private land or premises is in	45
accordance with that permission and not in violation of any term	46
or condition imposed pursuant to division (F)(1) of this section	47
upon the carrying of the firearm.	48

(d) The private land or premises is residential rental	49
premises or commercial rental premises, and the person is the	50
tenant with respect to those rental premises.	51

(e) The private land or premises is residential rental	52
premises, the owner or person in control of the private land or	53
premises permits a person who is not the tenant with respect to	54
those rental premises and is not a guest of that tenant to carry a	55
firearm on, onto, or into those rental premises by granting the	56
other person express permission, orally or in writing, to carry a	57
firearm on, onto, or into those rental premises, the person is not	58
the tenant with respect to those rental premises and is not a	59
guest of that tenant, and the person's carrying of the firearm on,	60
onto, or into those rental premises is in accordance with that	61
permission and not in violation of any term or condition imposed	62
pursuant to division (F)(1) of this section upon the carrying of	63
the firearm.	64

(f) The private land or premises is residential rental	65
premises, the owner or person in control of the private land or	66
premises permits any guest of the tenant with respect to those	67
rental premises to carry a firearm on, onto, or into those rental	68
premises by including in the rental agreement for the rental	69
premises a provision that expressly permits guests of that tenant	70
to carry a firearm on, onto, or into those rental premises, the	71
person is the guest of the tenant with respect to those rental	72
premises, the tenant with respect to those rental premises permits	73
the guest to carry a firearm on, onto, or into those rental	74
premises, and the person's carrying of the firearm on, onto, or	75
into those rental premises is in accordance with those permissions	76
and not in violation of any term or condition imposed pursuant to	77
division (F)(1) or (2) of this section upon the carrying of the	78
firearm.	79

(g) The private land or premises is commercial rental	80
premises, the owner or person in control of the private land or	81
premises permits any person who is not the tenant with respect to	82
those rental premises to carry a firearm on, onto, or into those	83
rental premises by including in the rental agreement for the	84
rental premises a provision that expressly permits such a person	85
to carry a firearm on, onto, or into those rental premises, the	86
person is not the tenant with respect to those rental premises,	87
the tenant with respect to those rental premises permits such a	88
person to carry a firearm on, onto, or into those rental premises	89
either by posting a sign in a conspicuous location on the premises	90
that expressly permits other persons to carry a firearm on, onto,	91
or into those rental premises or by granting the other person	92
express permission, orally or in writing, to carry a firearm on,	93
onto, or into those rental premises, and the person's carrying of	94
the firearm on, onto, or into those rental premises is in	95
accordance with those permissions and not in violation of any term	96
or condition imposed pursuant to division (F)(1) or (2) of this	97
section upon the carrying of the firearm.	98

(B) It is no defense to a charge under this section that the	99
land or premises involved was owned, controlled, or in custody of	100
a public agency.	101

(C) It is no defense to a charge under division (A)(1), (2),	102
(3), or (4) of this section that the offender was authorized to	103
enter or remain on the land or premises involved, when such	104
authorization was secured by deception.	105

(D)(1) Whoever violates this section is guilty of criminal	106
trespass, a misdemeanor of the fourth degree.	107

(2) Notwithstanding section 2929.28 of the Revised Code, if	108
the person, in committing the violation of this section, used a	109
snowmobile, off-highway motorcycle, or all-purpose vehicle, the	110
court shall impose a fine of two times the usual amount imposed	111
for the violation.	112

(3) If an offender previously has been convicted of or	113
pleaded guilty to two or more violations of this section or a	114
substantially equivalent municipal ordinance, and the offender, in	115
committing each violation, used a snowmobile, off-highway	116
motorcycle, or all-purpose vehicle, the court, in addition to or	117
independent of all other penalties imposed for the violation, may	118
impound the certificate of registration of that snowmobile or	119
off-highway motorcycle or the certificate of registration and	120
license plate of that all-purpose vehicle for not less than sixty	121
days. In such a case, section 4519.47 of the Revised Code applies.	122

(E) Notwithstanding any provision of the Revised Code, if the	123
offender, in committing the violation of this section, used an	124
all-purpose vehicle, the clerk of the court shall pay the fine	125
imposed pursuant to this section to the state recreational vehicle	126
fund created by section 4519.11 of the Revised Code.	127

(F)(1) An owner or person in control of private land or	128
premises who pursuant to division (A)(5)(c), (e), (f), or (g) of	129
this section permits another person to carry a firearm on, onto,	130
or into the land or premises may impose terms and conditions upon	131
the other person's carrying of a firearm on, onto, or into the	132
land or premises. Any term or condition so imposed shall be	133
specified in the provision of the posted sign or the oral or	134
written grant, the rental agreement, or the oral or written grant	135
referred to in division (A)(5)(c), (e), (f), or (g) of this	136
section, whichever is applicable, that expressly permits the other	137
person to carry a firearm on, onto, or into the land or premises.	138
If an owner or person in control of private land or premises	139
imposes terms and conditions upon another person's carrying of a	140
firearm on, onto, or into the land or premises pursuant to this	141
division, the other person shall not carry a firearm on, onto, or	142
into the land or premises in violation of any of the terms or	143
conditions.	144

(2) A tenant with respect to residential rental premises who	145
pursuant to division (A)(5)(f) of this section permits a guest to	146
carry a firearm on, onto, or into the premises or a tenant with	147
respect to commercial rental premises who pursuant to division	148
(A)(5)(g) of this section permits another person to carry a	149
firearm on, onto, or into the premises may impose terms and	150
conditions upon the guest's or other person's carrying of a	151
firearm on, onto, or into the land or premises. Any term or	152
condition so imposed shall be specified in the provision of the	153
posted sign or the oral or written grant referred to in division	154
(A)(5)(f) or (g) of this section, whichever is applicable, that	155
expressly permits the guest or other person to carry a firearm on,	156
onto, or into the land or premises. If a tenant imposes terms and	157
conditions upon guest's or other person's carrying of a firearm	158
on, onto, or into the land or premises pursuant to this division,	159
the guest or other person shall not carry a firearm on, onto, or	160
into the land or premises in violation of any of the terms or	161
conditions.	162

(3) Division (A)(5) of this section applies to any person,	163
including a concealed handgun licensee.	164

(G) As used in this section:

165

(1) "All-purpose vehicle," "off-highway motorcycle," and	166
"snowmobile" have the same meanings as in section 4519.01 of the	167
Revised Code.	168

(2) "Land or premises" includes any land, building,	169
structure, or place belonging to, controlled by, or in custody of	170
another, and any separate enclosure or room, or portion thereof.	171

(3) "Concealed handgun licensee" means a person who has been	172
issued a license or temporary emergency license to carry a	173
concealed handgun under section 2923.125 or 2923.1213 of the	174
Revised Code or a license to carry a concealed handgun that was	175
issued by another state with which the attorney general has	176
entered into a reciprocity agreement under section 209.69 of the	177
Revised Code.	178

(4) "Owner or person in control of private land or premises"	179
means any of the following:	180

(a) The person who owns the private land or premises;

181

(b) If the private land or premises is land or premises owned	182
by this state or a political subdivision of this state that is	183
leased by a private person or entity, the private person or entity	184
that leases the land or premises;	185

(c) The agent, representative, or employee of a person	186
described in division (H)(4)(a) of this section and who exercises	187
control over the land or premises on behalf of the person who owns	188
the land or premises;	189

(d) The agent, representative, or employee of a person	190
described in division (H)(4)(b) of this section and who exercises	191
control over the land or premises on behalf of the person who	192
leases the land or premises.	193

(5) "Private land or premises" means any land or premises	194
that is privately owned and any land or premises owned by this	195
state or a political subdivision of this state that is leased by a	196
private person or entity.	197

(6) "Residential rental premises" means any residential	198
premises, as defined in section 5321.01 of the Revised Code,	199
except that "residential rental premises" does not include a	200
dwelling unit that is owned or operated by a college or	201
university.	202

(7) "Commercial rental premises" means any rental premises	203
that are not residential rental premises and are not a dwelling	204
unit that is owned or operated by a college or university.	205

Sec. 2923.122.  (A) No person shall knowingly convey, or	206
attempt to convey, a deadly weapon or dangerous ordnance into a	207
school safety zone.	208

(B) No person shall knowingly possess a deadly weapon or	209
dangerous ordnance in a school safety zone.	210

(C) No person shall knowingly possess an object in a school	211
safety zone if both of the following apply:	212

(1) The object is indistinguishable from a firearm, whether	213
or not the object is capable of being fired.	214

(2) The person indicates that the person possesses the object	215
and that it is a firearm, or the person knowingly displays or	216
brandishes the object and indicates that it is a firearm.	217

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

218

(a) An officer, agent, or employee of this or any other state	219
or the United States, or a law enforcement officer, who is	220
authorized to carry deadly weapons or dangerous ordnance and is	221
acting within the scope of the officer's, agent's, or employee's	222
duties, a security officer employed by a board of education or	223
governing body of a school during the time that the security	224
officer is on duty pursuant to that contract of employment, or any	225
other person who has written authorization from the board of	226
education or governing body of a school to convey deadly weapons	227
or dangerous ordnance into a school safety zone or to possess a	228
deadly weapon or dangerous ordnance in a school safety zone and	229
who conveys or possesses the deadly weapon or dangerous ordnance	230
in accordance with that authorization;	231

(b) Any person who is employed in this state, who is	232
authorized to carry deadly weapons or dangerous ordnance, and who	233
is subject to and in compliance with the requirements of section	234
109.801 of the Revised Code, unless the appointing authority of	235
the person has expressly specified that the exemption provided in	236
division (D)(1)(b) of this section does not apply to the person.	237

(2) Division (C) of this section does not apply to premises	238
upon which home schooling is conducted. Division (C) of this	239
section also does not apply to a school administrator, teacher, or	240
employee who possesses an object that is indistinguishable from a	241
firearm for legitimate school purposes during the course of	242
employment, a student who uses an object that is indistinguishable	243
from a firearm under the direction of a school administrator,	244
teacher, or employee, or any other person who with the express	245
prior approval of a school administrator possesses an object that	246
is indistinguishable from a firearm for a legitimate purpose,	247
including the use of the object in a ceremonial activity, a play,	248
reenactment, or other dramatic presentation, or a ROTC activity or	249
another similar use of the object.	250

(3) This section does not apply to a person who conveys or	251
attempts to convey a handgun into, or possesses a handgun in, a	252
school safety zone if, at the time of that conveyance, attempted	253
conveyance, or possession of the handgun, all of the following	254
apply:	255

(a) The person does not enter into a school building or onto	256
school premises and is not at a school activity.	257

(b) The person is carrying a valid license or temporary	258
emergency license to carry a concealed handgun issued to the	259
person under section 2923.125 or 2923.1213 of the Revised Code or	260
a license to carry a concealed handgun that was issued by another	261
state with which the attorney general has entered into a	262
reciprocity agreement under section 109.69 of the Revised Code.	263

(c) The person is in the school safety zone in accordance	264
with 18 U.S.C. 922(q)(2)(B).	265

(d) The person is not knowingly in a place described in	266
division (B)(1) or (B)(3) to (10)(12) of section 2923.126 of the	267
Revised Code.	268

(4) This section does not apply to a person who conveys or	269
attempts to convey a handgun into, or possesses a handgun in, a	270
school safety zone if at the time of that conveyance, attempted	271
conveyance, or possession of the handgun all of the following	272
apply:	273

(a) The person is carrying a valid license or temporary	274
emergency license to carry a concealed handgun issued to the	275
person under section 2923.125 or 2923.1213 of the Revised Code or	276
a license to carry a concealed handgun that was issued by another	277
state with which the attorney general has entered into a	278
reciprocity agreement under section 109.69 of the Revised Code.	279

(b) The person is the driver or passenger in a motor vehicle	280
and is in the school safety zone while immediately in the process	281
of picking up or dropping off a child.	282

(c) The person is not in violation of section 2923.16 of the	283
Revised Code.	284

(E)(1) Whoever violates division (A) or (B) of this section	285
is guilty of illegal conveyance or possession of a deadly weapon	286
or dangerous ordnance in a school safety zone. Except as otherwise	287
provided in this division, illegal conveyance or possession of a	288
deadly weapon or dangerous ordnance in a school safety zone is a	289
felony of the fifth degree. If the offender previously has been	290
convicted of a violation of this section, illegal conveyance or	291
possession of a deadly weapon or dangerous ordnance in a school	292
safety zone is a felony of the fourth degree.	293

(2) Whoever violates division (C) of this section is guilty	294
of illegal possession of an object indistinguishable from a	295
firearm in a school safety zone. Except as otherwise provided in	296
this division, illegal possession of an object indistinguishable	297
from a firearm in a school safety zone is a misdemeanor of the	298
first degree. If the offender previously has been convicted of a	299
violation of this section, illegal possession of an object	300
indistinguishable from a firearm in a school safety zone is a	301
felony of the fifth degree.	302

(F)(1) In addition to any other penalty imposed upon a person	303
who is convicted of or pleads guilty to a violation of this	304
section and subject to division (F)(2) of this section, if the	305
offender has not attained nineteen years of age, regardless of	306
whether the offender is attending or is enrolled in a school	307
operated by a board of education or for which the state board of	308
education prescribes minimum standards under section 3301.07 of	309
the Revised Code, the court shall impose upon the offender a class	310
four suspension of the offender's probationary driver's license,	311
restricted license, driver's license, commercial driver's license,	312
temporary instruction permit, or probationary commercial driver's	313
license that then is in effect from the range specified in	314
division (A)(4) of section 4510.02 of the Revised Code and shall	315
deny the offender the issuance of any permit or license of that	316
type during the period of the suspension.	317

If the offender is not a resident of this state, the court	318
shall impose a class four suspension of the nonresident operating	319
privilege of the offender from the range specified in division	320
(A)(4) of section 4510.02 of the Revised Code.	321

(2) If the offender shows good cause why the court should not	322
suspend one of the types of licenses, permits, or privileges	323
specified in division (F)(1) of this section or deny the issuance	324
of one of the temporary instruction permits specified in that	325
division, the court in its discretion may choose not to impose the	326
suspension, revocation, or denial required in that division.	327

(G) As used in this section, "object that is	328
indistinguishable from a firearm" means an object made,	329
constructed, or altered so that, to a reasonable person without	330
specialized training in firearms, the object appears to be a	331
firearm.	332

Sec. 2923.126.  (A) A license to carry a concealed handgun	333
that is issued under section 2923.125 of the Revised Code on or	334
after March 14, 2007, shall expire five years after the date of	335
issuance, and a license that is so issued prior to March 14, 2007,	336
shall expire four years after the date of issuance. A licensee who	337
has been issued a license under that section shall be granted a	338
grace period of thirty days after the licensee's license expires	339
during which the licensee's license remains valid. Except as	340
provided in divisions (B) and (C) of this section, a licensee who	341
has been issued a license under section 2923.125 or 2923.1213 of	342
the Revised Code may carry a concealed handgun anywhere in this	343
state if the licensee also carries a valid license and valid	344
identification when the licensee is in actual possession of a	345
concealed handgun. The licensee shall give notice of any change in	346
the licensee's residence address to the sheriff who issued the	347
license within forty-five days after that change.	348

If a licensee is the driver or an occupant of a motor vehicle	349
that is stopped as the result of a traffic stop or a stop for	350
another law enforcement purpose and if the licensee is	351
transporting or has a loaded handgun in the motor vehicle at that	352
time, the licensee shall promptly inform any law enforcement	353
officer who approaches the vehicle while stopped that the licensee	354
has been issued a license or temporary emergency license to carry	355
a concealed handgun and that the licensee currently possesses or	356
has a loaded handgun; the licensee shall not knowingly disregard	357
or fail to comply with lawful orders of a law enforcement officer	358
given while the motor vehicle is stopped, knowingly fail to remain	359
in the motor vehicle while stopped, or knowingly fail to keep the	360
licensee's hands in plain sight after any law enforcement officer	361
begins approaching the licensee while stopped and before the	362
officer leaves, unless directed otherwise by a law enforcement	363
officer; and the licensee shall not knowingly remove, attempt to	364
remove, grasp, or hold the loaded handgun or knowingly have	365
contact with the loaded handgun by touching it with the licensee's	366
hands or fingers, in any manner in violation of division (E) of	367
section 2923.16 of the Revised Code, after any law enforcement	368
officer begins approaching the licensee while stopped and before	369
the officer leaves. Additionally, if a licensee is the driver or	370
an occupant of a commercial motor vehicle that is stopped by an	371
employee of the motor carrier enforcement unit for the purposes	372
defined in section 5503.04 of the Revised Code and if the licensee	373
is transporting or has a loaded handgun in the commercial motor	374
vehicle at that time, the licensee shall promptly inform the	375
employee of the unit who approaches the vehicle while stopped that	376
the licensee has been issued a license or temporary emergency	377
license to carry a concealed handgun and that the licensee	378
currently possesses or has a loaded handgun.	379

If a licensee is stopped for a law enforcement purpose and if	380
the licensee is carrying a concealed handgun at the time the	381
officer approaches, the licensee shall promptly inform any law	382
enforcement officer who approaches the licensee while stopped that	383
the licensee has been issued a license or temporary emergency	384
license to carry a concealed handgun and that the licensee	385
currently is carrying a concealed handgun; the licensee shall not	386
knowingly disregard or fail to comply with lawful orders of a law	387
enforcement officer given while the licensee is stopped or	388
knowingly fail to keep the licensee's hands in plain sight after	389
any law enforcement officer begins approaching the licensee while	390
stopped and before the officer leaves, unless directed otherwise	391
by a law enforcement officer; and the licensee shall not knowingly	392
remove, attempt to remove, grasp, or hold the loaded handgun or	393
knowingly have contact with the loaded handgun by touching it with	394
the licensee's hands or fingers, in any manner in violation of	395
division (B) of section 2923.12 of the Revised Code, after any law	396
enforcement officer begins approaching the licensee while stopped	397
and before the officer leaves.	398

(B) A valid license issued under section 2923.125 or	399
2923.1213 of the Revised Code does not authorize the licensee to	400
carry a concealed handgun in any manner prohibited under division	401
(B) of section 2923.12 of the Revised Code or in any manner	402
prohibited under section 2923.16 of the Revised Code. A valid	403
license does not authorize the licensee to carry a concealed	404
handgun into any of the following places:	405

(1) A police station, sheriff's office, or state highway	406
patrol station, premises controlled by the bureau of criminal	407
identification and investigation, a state correctional	408
institution, jail, workhouse, or other detention facility, an	409
airport passenger terminal, or an institution that is maintained,	410
operated, managed, and governed pursuant to division (A) of	411
section 5119.02 of the Revised Code or division (A)(1) of section	412
5123.03 of the Revised Code;	413

(2) A school safety zone if the licensee's carrying the	414
concealed handgun is in violation of section 2923.122 of the	415
Revised Code;	416

(3) A courthouse or another building or structure in which a	417
courtroom is located, in violation of section 2923.123 of the	418
Revised Code;	419

(4) Any premises or open air arena for which a D permit has	420
been issued under Chapter 4303. of the Revised Code if the	421
licensee's carrying the concealed handgun is in violation of	422
section 2923.121 of the Revised Code;	423

(5) Any premises owned or leased by any public or private	424
college, university, or other institution of higher education,	425
unless the handgun is in a locked motor vehicle or the licensee is	426
in the immediate process of placing the handgun in a locked motor	427
vehicle;	428

(6) Any church, synagogue, mosque, or other place of worship,	429
unless the church, synagogue, mosque, or other place of worship	430
posts or permits otherwise;	431

(7) A child day-care center, a type A family day-care home, a	432
type B family day-care home, or a type C family day-care home,	433
except that this division does not prohibit a licensee who resides	434
in a type A family day-care home, a type B family day-care home,	435
or a type C family day-care home from carrying a concealed handgun	436
at any time in any part of the home that is not dedicated or used	437
for day-care purposes, or from carrying a concealed handgun in a	438
part of the home that is dedicated or used for day-care purposes	439
at any time during which no children, other than children of that	440
licensee, are in the home;	441

(8) An aircraft that is in, or intended for operation in,	442
foreign air transportation, interstate air transportation,	443
intrastate air transportation, or the transportation of mail by	444
aircraft;	445

(9) Any building that is a government facility of this state	446
or a political subdivision of this state and that is not a	447
building that is used primarily as a shelter, restroom, parking	448
facility for motor vehicles, or rest facility and is not a	449
courthouse or other building or structure in which a courtroom is	450
located that is subject to division (B)(3) of this section;	451

(10) Any private land or premises, including any residential	452
rental premises, other dwelling, or commercial rental premises,	453
that is not any land or premises of a type described in divisions	454
(B)(1) to (9), (11), or (12) of this section, unless pursuant to	455
divisions (A)(5)(a) to (g) of section 2911.21 of the Revised Code,	456
the licensee's carrying of a concealed handgun on, onto, or into	457
the land or premises is permitted.	458

(11) Any land or premises owned by the state or a political	459
subdivision of this state that is leased by a private person or	460
entity, including any residential rental premises, other dwelling,	461
or commercial rental premises, that is not any land or premises of	462
a type described in divisions (B)(1) to (9), (10), or (12) of this	463
section, unless pursuant to divisions (A)(5)(a) to (g) of section	464
2911.21 of the Revised Code, the licensee's carrying of a	465
concealed handgun on, onto, or into the land or premises is	466
permitted.	467

(12) A place in which federal law prohibits the carrying of	468
handguns.	469

(C)(1) Nothing in this section shall negate or restrict a	470
rule, policy, or practice of a private employer that is not a	471
private college, university, or other institution of higher	472
education concerning or prohibiting the presence of firearms on	473
the private employer's premises or property, including motor	474
vehicles owned by the private employer. Nothing in this section	475
shall require a private employer of that nature to adopt a rule,	476
policy, or practice concerning or prohibiting the presence of	477
firearms on the private employer's premises or property, including	478
motor vehicles owned by the private employer.	479

(2)(a) A private employer shall be immune from liability in a	480
civil action for any injury, death, or loss to person or property	481
that allegedly was caused by or related to a licensee bringing a	482
handgun onto the premises or property of the private employer,	483
including motor vehicles owned by the private employer, unless the	484
private employer acted with malicious purpose. A private employer	485
is immune from liability in a civil action for any injury, death,	486
or loss to person or property that allegedly was caused by or	487
related to the private employer's decision to permit a licensee to	488
bring, or prohibit a licensee from bringing, a handgun onto the	489
premises or property of the private employer. As used in this	490
division, "private employer" includes a private college,	491
university, or other institution of higher education.	492

(b) A political subdivision shall be immune from liability in	493
a civil action, to the extent and in the manner provided in	494
Chapter 2744. of the Revised Code, for any injury, death, or loss	495
to person or property that allegedly was caused by or related to a	496
licensee bringing a handgun onto any premises or property owned,	497
leased, or otherwise under the control of the political	498
subdivision. As used in this division, "political subdivision" has	499
the same meaning as in section 2744.01 of the Revised Code.	500

(3)(a) Except as provided in division (C)(3)(b) of this	501
section, the owner or person in control of private land or	502
premises, and a private person or entity leasing land or premises	503
owned by the state, the United States, or a political subdivision	504
of the state or the United States, may post a sign in a	505
conspicuous location on that land or on those premises prohibiting	506
persons from carrying firearms or concealed firearms on or onto	507
that land or those premises. Except as otherwise provided in this	508
division, a person who knowingly violates a posted prohibition of	509
that nature is guilty of criminal trespass in violation of	510
division (A)(4) of section 2911.21 of the Revised Code and is	511
guilty of a misdemeanor of the fourth degree. If a person	512
knowingly violates a posted prohibition of that nature and the	513
posted land or premises primarily was a parking lot or other	514
parking facility, the person is not guilty of criminal trespass in	515
violation of division (A)(4) of section 2911.21 of the Revised	516
Code and instead is subject only to a civil cause of action for	517
trespass based on the violation.	518

No posting is needed to prohibit a licensee who has been	519
issued a license under section 2923.125 or 2923.1213 of the	520
Revised Code from carrying a concealed handgun on, onto, or into	521
any land or premises that is within the coverage of division	522
(B)(10) or (11) of this section, and the restrictions specified in	523
those divisions against such a licensee carrying a concealed	524
handgun on, onto, or into any such land or premises automatically	525
apply by operation of law. An owner or person in control of land	526
or premises that is within the coverage of division (B)(10) or	527
(11) of this section may pursuant to divisions (A)(5)(a) to (g) of	528
section 2911.21 of the Revised Code permit a licensee who has been	529
issued a license under section 2923.125 or 2923.1213 of the	530
Revised Code to carry a concealed handgun on, onto, or into the	531
land or premises.	532

(b) A private person or entity leasing land or premises owned	533
by the United States or a political subdivision of the United	534
States who is a landlord may not prohibit or restrict a tenant who	535
is a licensee and who on or after the effective date of this	536
amendmentSeptember 9, 2008, and prior to the effective date of	537
this amendment enters into a rental agreement with the landlord	538
for the use of residential premises, and the tenant's guest while	539
the tenant is present, from lawfully carrying or possessing a	540
handgun on those residential premises.	541

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

542

(i) "Residential premises" has the same meaning as in section	543
5321.01 of the Revised Code, except "residential premises" does	544
not include a dwelling unit that is owned or operated by a college	545
or university.	546

(ii) "Landlord," "tenant," and "rental agreement" have the	547
same meanings as in section 5321.01 of the Revised Code.	548

(D) A person who holds a license to carry a concealed handgun	549
that was issued pursuant to the law of another state that is	550
recognized by the attorney general pursuant to a reciprocity	551
agreement entered into pursuant to section 109.69 of the Revised	552
Code has the same right to carry a concealed handgun in this state	553
as a person who was issued a license to carry a concealed handgun	554
under section 2923.125 of the Revised Code and is subject to the	555
same restrictions that apply to a person who carries a license	556
issued under that section.	557

(E) A peace officer has the same right to carry a concealed	558
handgun in this state as a person who was issued a license to	559
carry a concealed handgun under section 2923.125 of the Revised	560
Code. For purposes of reciprocity with other states, a peace	561
officer shall be considered to be a licensee in this state.	562

(F)(1) A qualified retired peace officer who possesses a	563
retired peace officer identification card issued pursuant to	564
division (F)(2) of this section and a valid firearms	565
requalification certification issued pursuant to division (F)(3)	566
of this section has the same right to carry a concealed handgun in	567
this state as a person who was issued a license to carry a	568
concealed handgun under section 2923.125 of the Revised Code and	569
is subject to the same restrictions that apply to a person who	570
carries a license issued under that section. For purposes of	571
reciprocity with other states, a qualified retired peace officer	572
who possesses a retired peace officer identification card issued	573
pursuant to division (F)(2) of this section and a valid firearms	574
requalification certification issued pursuant to division (F)(3)	575
of this section shall be considered to be a licensee in this	576
state.	577

(2)(a) Each public agency of this state or of a political	578
subdivision of this state that is served by one or more peace	579
officers shall issue a retired peace officer identification card	580
to any person who retired from service as a peace officer with	581
that agency, if the issuance is in accordance with the agency's	582
policies and procedures and if the person, with respect to the	583
person's service with that agency, satisfies all of the following:	584

(i) The person retired in good standing from service as a	585
peace officer with the public agency, and the retirement was not	586
for reasons of mental instability.	587

(ii) Before retiring from service as a peace officer with	588
that agency, the person was authorized to engage in or supervise	589
the prevention, detection, investigation, or prosecution of, or	590
the incarceration of any person for, any violation of law and the	591
person had statutory powers of arrest.	592

(iii) At the time of the person's retirement as a peace	593
officer with that agency, the person was trained and qualified to	594
carry firearms in the performance of the peace officer's duties.	595

(iv) Before retiring from service as a peace officer with	596
that agency, the person was regularly employed as a peace officer	597
for an aggregate of fifteen years or more, or, in the alternative,	598
the person retired from service as a peace officer with that	599
agency, after completing any applicable probationary period of	600
that service, due to a service-connected disability, as determined	601
by the agency.	602

(b) A retired peace officer identification card issued to a	603
person under division (F)(2)(a) of this section shall identify the	604
person by name, contain a photograph of the person, identify the	605
public agency of this state or of the political subdivision of	606
this state from which the person retired as a peace officer and	607
that is issuing the identification card, and specify that the	608
person retired in good standing from service as a peace officer	609
with the issuing public agency and satisfies the criteria set	610
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	611
addition to the required content specified in this division, a	612
retired peace officer identification card issued to a person under	613
division (F)(2)(a) of this section may include the firearms	614
requalification certification described in division (F)(3) of this	615
section, and if the identification card includes that	616
certification, the identification card shall serve as the firearms	617
requalification certification for the retired peace officer. If	618
the issuing public agency issues credentials to active law	619
enforcement officers who serve the agency, the agency may comply	620
with division (F)(2)(a) of this section by issuing the same	621
credentials to persons who retired from service as a peace officer	622
with the agency and who satisfy the criteria set forth in	623
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	624
credentials so issued to retired peace officers are stamped with	625
the word "RETIRED."	626

(c) A public agency of this state or of a political	627
subdivision of this state may charge persons who retired from	628
service as a peace officer with the agency a reasonable fee for	629
issuing to the person a retired peace officer identification card	630
pursuant to division (F)(2)(a) of this section.	631

(3) If a person retired from service as a peace officer with	632
a public agency of this state or of a political subdivision of	633
this state and the person satisfies the criteria set forth in	634
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	635
may provide the retired peace officer with the opportunity to	636
attend a firearms requalification program that is approved for	637
purposes of firearms requalification required under section	638
109.801 of the Revised Code. The retired peace officer may be	639
required to pay the cost of the course.	640

If a retired peace officer who satisfies the criteria set	641
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	642
firearms requalification program that is approved for purposes of	643
firearms requalification required under section 109.801 of the	644
Revised Code, the retired peace officer's successful completion of	645
the firearms requalification program requalifies the retired peace	646
officer for purposes of division (F) of this section for five	647
years from the date on which the program was successfully	648
completed, and the requalification is valid during that five-year	649
period. If a retired peace officer who satisfies the criteria set	650
forth in divisions (F)(2)(a)(i) to (iv) of this section	651
satisfactorily completes such a firearms requalification program,	652
the retired peace officer shall be issued a firearms	653
requalification certification that identifies the retired peace	654
officer by name, identifies the entity that taught the program,	655
specifies that the retired peace officer successfully completed	656
the program, specifies the date on which the course was	657
successfully completed, and specifies that the requalification is	658
valid for five years from that date of successful completion. The	659
firearms requalification certification for a retired peace officer	660
may be included in the retired peace officer identification card	661
issued to the retired peace officer under division (F)(2) of this	662
section.	663

A retired peace officer who attends a firearms	664
requalification program that is approved for purposes of firearms	665
requalification required under section 109.801 of the Revised Code	666
may be required to pay the cost of the program.	667

(G) As used in this section:

668

(1) "Qualified retired peace officer" means a person who	669
satisfies all of the following:	670

(a) The person satisfies the criteria set forth in divisions	671
(F)(2)(a)(i) to (v) of this section.	672

(b) The person is not under the influence of alcohol or	673
another intoxicating or hallucinatory drug or substance.	674

(c) The person is not prohibited by federal law from	675
receiving firearms.	676

(2) "Retired peace officer identification card" means an	677
identification card that is issued pursuant to division (F)(2) of	678
this section to a person who is a retired peace officer.	679

(3) "Government facility of this state or a political	680
subdivision of this state" means any of the following:	681

(a) A building or part of a building that is owned or leased	682
by the government of this state or a political subdivision of this	683
state and where employees of the government of this state or the	684
political subdivision regularly are present for the purpose of	685
performing their official duties as employees of the state or	686
political subdivision;	687

(b) The office of a deputy registrar serving pursuant to	688
Chapter 4503. of the Revised Code that is used to perform deputy	689
registrar functions.	690

(4) "Residential rental premises" means any residential	691
premises, as defined in section 5321.01 of the Revised Code,	692
except that "residential rental premises" does not include a	693
dwelling unit that is owned or operated by a college or	694
university.	695

(5) "Landlord," "tenant," and "rental agreement" have the	696
same meanings as in section 5321.01 of the Revised Code.	697

Section 2.  That existing sections 2911.21, 2923.122, and	698
2923.126 of the Revised Code are hereby repealed.	699