Bill Text: OH SB17 | 2011-2012 | 129th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To permit a concealed carry licensee to possess a firearm in a liquor permit premises, or an open air arena, for which a D permit has been issued if the licensee is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse, to modify the offense of improperly handling firearms in a motor vehicle as it applies to concealed carry licensees, and to authorize the expungement of a prior conviction of improperly handling firearms in a motor vehicle that no longer would be a crime under the bill.
Spectrum: Partisan Bill (Republican 50-2)
Status: (Passed) 2011-09-30 - Effective Date [SB17 Detail]
Download: Ohio-2011-SB17-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To permit a concealed carry licensee to possess a firearm in a liquor permit premises, or an open air arena, for which a D permit has been issued if the licensee is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse, to modify the offense of improperly handling firearms in a motor vehicle as it applies to concealed carry licensees, and to authorize the expungement of a prior conviction of improperly handling firearms in a motor vehicle that no longer would be a crime under the bill.
Spectrum: Partisan Bill (Republican 50-2)
Status: (Passed) 2011-09-30 - Effective Date [SB17 Detail]
Download: Ohio-2011-SB17-Engrossed.html
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Senator Schaffer
Cosponsors:
Senators Jones, Faber, Cafaro, Jordan, Grendell, Daniels, Beagle, Seitz, Wilson, Widener, Oelslager, Manning, Cates, Hite, Niehaus, Obhof, Stewart
To amend sections 2923.121, 2923.125, 2923.128, | 1 |
2923.16, 2953.321, 2953.33, and 2953.35 and to | 2 |
enact section 2953.37 of the Revised Code to | 3 |
permit a concealed carry licensee to possess a | 4 |
firearm in liquor permit premises, or an open air | 5 |
arena, for which a D permit has been issued if the | 6 |
licensee is not consuming liquor or under the | 7 |
influence of alcohol or a drug of abuse, to modify | 8 |
the offense of improperly handling firearms in a | 9 |
motor vehicle as it applies to concealed carry | 10 |
licensees, and to authorize the expungement of a | 11 |
prior conviction of improperly handling firearms | 12 |
in a motor vehicle that no longer would be a crime | 13 |
under the bill. | 14 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2923.121, 2923.125, 2923.128, | 15 |
2923.16, 2953.321, 2953.33, and 2953.35 be amended and section | 16 |
2953.37 of the Revised Code be enacted to read as follows: | 17 |
Sec. 2923.121. (A) No person shall possess a firearm in any | 18 |
room in which any person is consuming liquor in premises for which | 19 |
a D permit has been issued under Chapter 4303. of the Revised Code | 20 |
or in an open air arena for which a permit of that nature has been | 21 |
issued. | 22 |
(B)(1) This section does not apply to any of the following: | 23 |
(a) An officer, agent, or employee of this or any other state | 24 |
or the United States, or to a law enforcement officer, who is | 25 |
authorized to carry firearms and is acting within the scope of the | 26 |
officer's, agent's, or employee's duties; | 27 |
(b) Any person who is employed in this state, who is | 28 |
authorized to carry firearms, and who is subject to and in | 29 |
compliance with the requirements of section 109.801 of the Revised | 30 |
Code, unless the appointing authority of the person has expressly | 31 |
specified that the exemption provided in division (B)(1)(b) of | 32 |
this section does not apply to the person; | 33 |
(c) Any room used for the accommodation of guests of a hotel, | 34 |
as defined in section 4301.01 of the Revised Code; | 35 |
(d) The principal holder of a D permit issued for premises or | 36 |
an open air arena under Chapter 4303. of the Revised Code while in | 37 |
the premises or open air arena for which the permit was issued if | 38 |
the principal holder of the D permit also possesses a valid | 39 |
license or temporary emergency license to carry a concealed | 40 |
handgun issued to the principal holder under section 2923.125 or | 41 |
2923.1213 of the Revised Code or a license to carry a concealed | 42 |
handgun that was issued to the principal holder by another state | 43 |
with which the attorney general has entered into a reciprocity | 44 |
agreement under section 109.69 of the Revised Code and as long as | 45 |
the principal holder is not consuming liquor or under the | 46 |
influence of alcohol or a drug of abuse, or any agent or employee | 47 |
of that holder who also is a peace officer, as defined in section | 48 |
2151.3515 of the Revised Code, who is off duty, and who otherwise | 49 |
is authorized to carry firearms while in the course of the | 50 |
officer's official duties and while in the premises or open air | 51 |
arena for which the permit was issued and as long as the agent or | 52 |
employee of that holder is not consuming liquor or under the | 53 |
influence of alcohol or a drug of abuse. | 54 |
(e) Any person who is carrying a valid license or temporary | 55 |
emergency license to carry a concealed handgun issued to the | 56 |
person under section 2923.125 or 2923.1213 of the Revised Code or | 57 |
a license to carry a concealed handgun that was issued to the | 58 |
person by another state with which the attorney general has | 59 |
entered into a reciprocity agreement under section 109.69 of the | 60 |
Revised Code | 61 |
62 | |
63 | |
64 | |
person is not consuming liquor or under the influence of alcohol | 65 |
or a drug of abuse. | 66 |
(2) This section does not prohibit any person who is a member | 67 |
of a veteran's organization, as defined in section 2915.01 of the | 68 |
Revised Code, from possessing a rifle in any room in any premises | 69 |
owned, leased, or otherwise under the control of the veteran's | 70 |
organization, if the rifle is not loaded with live ammunition and | 71 |
if the person otherwise is not prohibited by law from having the | 72 |
rifle. | 73 |
(3) This section does not apply to any person possessing or | 74 |
displaying firearms in any room used to exhibit unloaded firearms | 75 |
for sale or trade in a soldiers' memorial established pursuant to | 76 |
Chapter 345. of the Revised Code, in a convention center, or in | 77 |
any other public meeting place, if the person is an exhibitor, | 78 |
trader, purchaser, or seller of firearms and is not otherwise | 79 |
prohibited by law from possessing, trading, purchasing, or selling | 80 |
the firearms. | 81 |
(C) It is an affirmative defense to a charge under this | 82 |
section of illegal possession of a firearm in liquor permit | 83 |
premises that involves the possession of a firearm other than a | 84 |
handgun, that the actor was not otherwise prohibited by law from | 85 |
having the firearm, and that any of the following apply: | 86 |
(1) The firearm was carried or kept ready at hand by the | 87 |
actor for defensive purposes, while the actor was engaged in or | 88 |
was going to or from the actor's lawful business or occupation, | 89 |
which business or occupation was of such character or was | 90 |
necessarily carried on in such manner or at such a time or place | 91 |
as to render the actor particularly susceptible to criminal | 92 |
attack, such as would justify a prudent person in going armed. | 93 |
(2) The firearm was carried or kept ready at hand by the | 94 |
actor for defensive purposes, while the actor was engaged in a | 95 |
lawful activity, and had reasonable cause to fear a criminal | 96 |
attack upon the actor or a member of the actor's family, or upon | 97 |
the actor's home, such as would justify a prudent person in going | 98 |
armed. | 99 |
(D) No person who is charged with a violation of this section | 100 |
shall be required to obtain a license or temporary emergency | 101 |
license to carry a concealed handgun under section 2923.125 or | 102 |
2923.1213 of the Revised Code as a condition for the dismissal of | 103 |
the charge. | 104 |
(E) Whoever violates this section is guilty of illegal | 105 |
possession of a firearm in liquor permit premises. Except as | 106 |
otherwise provided in this division, illegal possession of a | 107 |
firearm in liquor permit premises is a felony of the fifth degree. | 108 |
If the offender commits the violation of this section by knowingly | 109 |
carrying or having the firearm concealed on the offender's person | 110 |
or concealed ready at hand, illegal possession of a firearm in | 111 |
liquor permit premises is a felony of the third degree. | 112 |
Sec. 2923.125. (A) Upon the request of a person who wishes | 113 |
to obtain a license to carry a concealed handgun or to renew a | 114 |
license to carry a concealed handgun, a sheriff, as provided in | 115 |
division (I) of this section, shall provide to the person free of | 116 |
charge an application form and the web site address at which the | 117 |
pamphlet described in division (B) of section 109.731 of the | 118 |
Revised Code may be found. A sheriff shall accept a completed | 119 |
application form and the fee, items, materials, and information | 120 |
specified in divisions (B)(1) to (5) of this section at the times | 121 |
and in the manners described in division (I) of this section. | 122 |
(B) An applicant for a license to carry a concealed handgun | 123 |
shall submit a completed application form and all of the following | 124 |
to the sheriff of the county in which the applicant resides or to | 125 |
the sheriff of any county adjacent to the county in which the | 126 |
applicant resides: | 127 |
(1)(a) A nonrefundable license fee as described in either of | 128 |
the following: | 129 |
(i) For an applicant who has been a resident of this state | 130 |
for five or more years, a fee of sixty-seven dollars; | 131 |
(ii) For an applicant who has been a resident of this state | 132 |
for less than five years, a fee of sixty-seven dollars plus the | 133 |
actual cost of having a background check performed by the federal | 134 |
bureau of investigation. | 135 |
(b) No sheriff shall require an applicant to pay for the cost | 136 |
of a background check performed by the bureau of criminal | 137 |
identification and investigation. | 138 |
(c) A sheriff shall waive the payment of the license fee | 139 |
described in division (B)(1)(a) of this section in connection with | 140 |
an initial or renewal application for a license that is submitted | 141 |
by an applicant who is a retired peace officer, a retired person | 142 |
described in division (B)(1)(b) of section 109.77 of the Revised | 143 |
Code, or a retired federal law enforcement officer who, prior to | 144 |
retirement, was authorized under federal law to carry a firearm in | 145 |
the course of duty, unless the retired peace officer, person, or | 146 |
federal law enforcement officer retired as the result of a mental | 147 |
disability. | 148 |
(d) The sheriff shall deposit all fees paid by an applicant | 149 |
under division (B)(1)(a) of this section into the sheriff's | 150 |
concealed handgun license issuance fund established pursuant to | 151 |
section 311.42 of the Revised Code. The county shall distribute | 152 |
the fees in accordance with section 311.42 of the Revised Code. | 153 |
(2) A color photograph of the applicant that was taken within | 154 |
thirty days prior to the date of the application; | 155 |
(3) One or more of the following competency certifications, | 156 |
each of which shall reflect that, regarding a certification | 157 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 158 |
section, within the three years immediately preceding the | 159 |
application the applicant has performed that to which the | 160 |
competency certification relates and that, regarding a | 161 |
certification described in division (B)(3)(d) of this section, the | 162 |
applicant currently is an active or reserve member of the armed | 163 |
forces of the United States or within the six years immediately | 164 |
preceding the application the honorable discharge or retirement to | 165 |
which the competency certification relates occurred: | 166 |
(a) An original or photocopy of a certificate of completion | 167 |
of a firearms safety, training, or requalification or firearms | 168 |
safety instructor course, class, or program that was offered by or | 169 |
under the auspices of the national rifle association and that | 170 |
complies with the requirements set forth in division (G) of this | 171 |
section; | 172 |
(b) An original or photocopy of a certificate of completion | 173 |
of a firearms safety, training, or requalification or firearms | 174 |
safety instructor course, class, or program that satisfies all of | 175 |
the following criteria: | 176 |
(i) It was open to members of the general public. | 177 |
(ii) It utilized qualified instructors who were certified by | 178 |
the national rifle association, the executive director of the Ohio | 179 |
peace officer training commission pursuant to section 109.75 or | 180 |
109.78 of the Revised Code, or a governmental official or entity | 181 |
of another state. | 182 |
(iii) It was offered by or under the auspices of a law | 183 |
enforcement agency of this or another state or the United States, | 184 |
a public or private college, university, or other similar | 185 |
postsecondary educational institution located in this or another | 186 |
state, a firearms training school located in this or another | 187 |
state, or another type of public or private entity or organization | 188 |
located in this or another state. | 189 |
(iv) It complies with the requirements set forth in division | 190 |
(G) of this section. | 191 |
(c) An original or photocopy of a certificate of completion | 192 |
of a state, county, municipal, or department of natural resources | 193 |
peace officer training school that is approved by the executive | 194 |
director of the Ohio peace officer training commission pursuant to | 195 |
section 109.75 of the Revised Code and that complies with the | 196 |
requirements set forth in division (G) of this section, or the | 197 |
applicant has satisfactorily completed and been issued a | 198 |
certificate of completion of a basic firearms training program, a | 199 |
firearms requalification training program, or another basic | 200 |
training program described in section 109.78 or 109.801 of the | 201 |
Revised Code that complies with the requirements set forth in | 202 |
division (G) of this section; | 203 |
(d) A document that evidences both of the following: | 204 |
(i) That the applicant is an active or reserve member of the | 205 |
armed forces of the United States, was honorably discharged from | 206 |
military service in the active or reserve armed forces of the | 207 |
United States, is a retired trooper of the state highway patrol, | 208 |
or is a retired peace officer or federal law enforcement officer | 209 |
described in division (B)(1) of this section or a retired person | 210 |
described in division (B)(1)(b) of section 109.77 of the Revised | 211 |
Code and division (B)(1) of this section; | 212 |
(ii) That, through participation in the military service or | 213 |
through the former employment described in division (B)(3)(d)(i) | 214 |
of this section, the applicant acquired experience with handling | 215 |
handguns or other firearms, and the experience so acquired was | 216 |
equivalent to training that the applicant could have acquired in a | 217 |
course, class, or program described in division (B)(3)(a), (b), or | 218 |
(c) of this section. | 219 |
(e) A certificate or another similar document that evidences | 220 |
satisfactory completion of a firearms training, safety, or | 221 |
requalification or firearms safety instructor course, class, or | 222 |
program that is not otherwise described in division (B)(3)(a), | 223 |
(b), (c), or (d) of this section, that was conducted by an | 224 |
instructor who was certified by an official or entity of the | 225 |
government of this or another state or the United States or by the | 226 |
national rifle association, and that complies with the | 227 |
requirements set forth in division (G) of this section; | 228 |
(f) An affidavit that attests to the applicant's satisfactory | 229 |
completion of a course, class, or program described in division | 230 |
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed | 231 |
by the applicant's instructor or an authorized representative of | 232 |
the entity that offered the course, class, or program or under | 233 |
whose auspices the course, class, or program was offered. | 234 |
(4) A certification by the applicant that the applicant has | 235 |
read the pamphlet prepared by the Ohio peace officer training | 236 |
commission pursuant to section 109.731 of the Revised Code that | 237 |
reviews firearms, dispute resolution, and use of deadly force | 238 |
matters. | 239 |
(5) A set of fingerprints of the applicant provided as | 240 |
described in section 311.41 of the Revised Code through use of an | 241 |
electronic fingerprint reading device or, if the sheriff to whom | 242 |
the application is submitted does not possess and does not have | 243 |
ready access to the use of such a reading device, on a standard | 244 |
impression sheet prescribed pursuant to division (C)(2) of section | 245 |
109.572 of the Revised Code. | 246 |
(C) Upon receipt of an applicant's completed application | 247 |
form, supporting documentation, and, if not waived, license fee, a | 248 |
sheriff, in the manner specified in section 311.41 of the Revised | 249 |
Code, shall conduct or cause to be conducted the criminal records | 250 |
check and the incompetency records check described in section | 251 |
311.41 of the Revised Code. | 252 |
(D)(1) Except as provided in division (D)(3) or (4) of this | 253 |
section, within forty-five days after a sheriff's receipt of an | 254 |
applicant's completed application form for a license to carry a | 255 |
concealed handgun, the supporting documentation, and, if not | 256 |
waived, the license fee, the sheriff shall make available through | 257 |
the law enforcement automated data system in accordance with | 258 |
division (H) of this section the information described in that | 259 |
division and, upon making the information available through the | 260 |
system, shall issue to the applicant a license to carry a | 261 |
concealed handgun that shall expire as described in division | 262 |
(D)(2)(a) of this section if all of the following apply: | 263 |
(a) The applicant is legally living in the United States, has | 264 |
been a resident of this state for at least forty-five days, and | 265 |
has been a resident of the county in which the person seeks the | 266 |
license or a county adjacent to the county in which the person | 267 |
seeks the license for at least thirty days. For purposes of | 268 |
division (D)(1)(a) of this section: | 269 |
(i) If a person is absent from the United States, from this | 270 |
state, or from a particular county in this state in compliance | 271 |
with military or naval orders as an active or reserve member of | 272 |
the armed forces of the United States and if prior to leaving this | 273 |
state in compliance with those orders the person was legally | 274 |
living in the United States and was a resident of this state, the | 275 |
person, solely by reason of that absence, shall not be considered | 276 |
to have lost the person's status as living in the United States or | 277 |
the person's residence in this state or in the county in which the | 278 |
person was a resident prior to leaving this state in compliance | 279 |
with those orders, without regard to whether or not the person | 280 |
intends to return to this state or to that county, shall not be | 281 |
considered to have acquired a residence in any other state, and | 282 |
shall not be considered to have become a resident of any other | 283 |
state. | 284 |
(ii) If a person is present in this state in compliance with | 285 |
military or naval orders as an active or reserve member of the | 286 |
armed forces of the United States for at least forty-five days, | 287 |
the person shall be considered to have been a resident of this | 288 |
state for that period of at least forty-five days, and, if a | 289 |
person is present in a county of this state in compliance with | 290 |
military or naval orders as an active or reserve member of the | 291 |
armed forces of the United States for at least thirty days, the | 292 |
person shall be considered to have been a resident of that county | 293 |
for that period of at least thirty days. | 294 |
(b) The applicant is at least twenty-one years of age. | 295 |
(c) The applicant is not a fugitive from justice. | 296 |
(d) The applicant is not under indictment for or otherwise | 297 |
charged with a felony; an offense under Chapter 2925., 3719., or | 298 |
4729. of the Revised Code that involves the illegal possession, | 299 |
use, sale, administration, or distribution of or trafficking in a | 300 |
drug of abuse; a misdemeanor offense of violence; or a violation | 301 |
of section 2903.14 or 2923.1211 of the Revised Code. | 302 |
(e) Except as otherwise provided in division (D)(5) of this | 303 |
section, the applicant has not been convicted of or pleaded guilty | 304 |
to a felony or an offense under Chapter 2925., 3719., or 4729. of | 305 |
the Revised Code that involves the illegal possession, use, sale, | 306 |
administration, or distribution of or trafficking in a drug of | 307 |
abuse; has not been adjudicated a delinquent child for committing | 308 |
an act that if committed by an adult would be a felony or would be | 309 |
an offense under Chapter 2925., 3719., or 4729. of the Revised | 310 |
Code that involves the illegal possession, use, sale, | 311 |
administration, or distribution of or trafficking in a drug of | 312 |
abuse; and has not been convicted of, pleaded guilty to, or | 313 |
adjudicated a delinquent child for committing a violation of | 314 |
section 2903.13 of the Revised Code when the victim of the | 315 |
violation is a peace officer, regardless of whether the applicant | 316 |
was sentenced under division (C)(3) of that section. | 317 |
(f) Except as otherwise provided in division (D)(5) of this | 318 |
section, the applicant, within three years of the date of the | 319 |
application, has not been convicted of or pleaded guilty to a | 320 |
misdemeanor offense of violence other than a misdemeanor violation | 321 |
of section 2921.33 of the Revised Code or a violation of section | 322 |
2903.13 of the Revised Code when the victim of the violation is a | 323 |
peace officer, or a misdemeanor violation of section 2923.1211 of | 324 |
the Revised Code; and has not been adjudicated a delinquent child | 325 |
for committing an act that if committed by an adult would be a | 326 |
misdemeanor offense of violence other than a misdemeanor violation | 327 |
of section 2921.33 of the Revised Code or a violation of section | 328 |
2903.13 of the Revised Code when the victim of the violation is a | 329 |
peace officer or for committing an act that if committed by an | 330 |
adult would be a misdemeanor violation of section 2923.1211 of the | 331 |
Revised Code. | 332 |
(g) Except as otherwise provided in division (D)(1)(e) of | 333 |
this section, the applicant, within five years of the date of the | 334 |
application, has not been convicted of, pleaded guilty to, or | 335 |
adjudicated a delinquent child for committing two or more | 336 |
violations of section 2903.13 or 2903.14 of the Revised Code. | 337 |
(h) Except as otherwise provided in division (D)(5) of this | 338 |
section, the applicant, within ten years of the date of the | 339 |
application, has not been convicted of, pleaded guilty to, or | 340 |
adjudicated a delinquent child for committing a violation of | 341 |
section 2921.33 of the Revised Code. | 342 |
(i) The applicant has not been adjudicated as a mental | 343 |
defective, has not been committed to any mental institution, is | 344 |
not under adjudication of mental incompetence, has not been found | 345 |
by a court to be a mentally ill person subject to hospitalization | 346 |
by court order, and is not an involuntary patient other than one | 347 |
who is a patient only for purposes of observation. As used in this | 348 |
division, "mentally ill person subject to hospitalization by court | 349 |
order" and "patient" have the same meanings as in section 5122.01 | 350 |
of the Revised Code. | 351 |
(j) The applicant is not currently subject to a civil | 352 |
protection order, a temporary protection order, or a protection | 353 |
order issued by a court of another state. | 354 |
(k) The applicant certifies that the applicant desires a | 355 |
legal means to carry a concealed handgun for defense of the | 356 |
applicant or a member of the applicant's family while engaged in | 357 |
lawful activity. | 358 |
(l) The applicant submits a competency certification of the | 359 |
type described in division (B)(3) of this section and submits a | 360 |
certification of the type described in division (B)(4) of this | 361 |
section regarding the applicant's reading of the pamphlet prepared | 362 |
by the Ohio peace officer training commission pursuant to section | 363 |
109.731 of the Revised Code. | 364 |
(m) The applicant currently is not subject to a suspension | 365 |
imposed under division (A)(2) of section 2923.128 of the Revised | 366 |
Code of a license to carry a concealed handgun, or a temporary | 367 |
emergency license to carry a concealed handgun, that previously | 368 |
was issued to the applicant under this section or section | 369 |
2923.1213 of the Revised Code. | 370 |
(2)(a) A license to carry a concealed handgun that a sheriff | 371 |
issues under division (D)(1) of this section on or after March 14, | 372 |
2007, shall expire five years after the date of issuance. A | 373 |
license to carry a concealed handgun that a sheriff issued under | 374 |
division (D)(1) of this section prior to March 14, 2007, shall | 375 |
expire four years after the date of issuance. | 376 |
If a sheriff issues a license under this section, the sheriff | 377 |
shall place on the license a unique combination of letters and | 378 |
numbers identifying the license in accordance with the procedure | 379 |
prescribed by the Ohio peace officer training commission pursuant | 380 |
to section 109.731 of the Revised Code. | 381 |
(b) If a sheriff denies an application under this section | 382 |
because the applicant does not satisfy the criteria described in | 383 |
division (D)(1) of this section, the sheriff shall specify the | 384 |
grounds for the denial in a written notice to the applicant. The | 385 |
applicant may appeal the denial pursuant to section 119.12 of the | 386 |
Revised Code in the county served by the sheriff who denied the | 387 |
application. If the denial was as a result of the criminal records | 388 |
check conducted pursuant to section 311.41 of the Revised Code and | 389 |
if, pursuant to section 2923.127 of the Revised Code, the | 390 |
applicant challenges the criminal records check results using the | 391 |
appropriate challenge and review procedure specified in that | 392 |
section, the time for filing the appeal pursuant to section 119.12 | 393 |
of the Revised Code and this division is tolled during the | 394 |
pendency of the request or the challenge and review. If the court | 395 |
in an appeal under section 119.12 of the Revised Code and this | 396 |
division enters a judgment sustaining the sheriff's refusal to | 397 |
grant to the applicant a license to carry a concealed handgun, the | 398 |
applicant may file a new application beginning one year after the | 399 |
judgment is entered. If the court enters a judgment in favor of | 400 |
the applicant, that judgment shall not restrict the authority of a | 401 |
sheriff to suspend or revoke the license pursuant to section | 402 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 403 |
the license for any proper cause that may occur after the date the | 404 |
judgment is entered. In the appeal, the court shall have full | 405 |
power to dispose of all costs. | 406 |
(3) If the sheriff with whom an application for a license to | 407 |
carry a concealed handgun was filed under this section becomes | 408 |
aware that the applicant has been arrested for or otherwise | 409 |
charged with an offense that would disqualify the applicant from | 410 |
holding the license, the sheriff shall suspend the processing of | 411 |
the application until the disposition of the case arising from the | 412 |
arrest or charge. | 413 |
(4) If the sheriff determines that the applicant is legally | 414 |
living in the United States and is a resident of the county in | 415 |
which the applicant seeks the license or of an adjacent county but | 416 |
does not yet meet the residency requirements described in division | 417 |
(D)(1)(a) of this section, the sheriff shall not deny the license | 418 |
because of the residency requirements but shall not issue the | 419 |
license until the applicant meets those residency requirements. | 420 |
(5) If an applicant has been convicted of or pleaded guilty | 421 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 422 |
this section or has been adjudicated a delinquent child for | 423 |
committing an act or violation identified in any of those | 424 |
divisions, and if a court has ordered the sealing or expungement | 425 |
of the records of that conviction, guilty plea, or adjudication | 426 |
pursuant to sections 2151.355 to 2151.358 | 427 |
2953.36, or section 2953.37 of the Revised Code or a court has | 428 |
granted the applicant relief pursuant to section 2923.14 of the | 429 |
Revised Code from the disability imposed pursuant to section | 430 |
2923.13 of the Revised Code relative to that conviction, guilty | 431 |
plea, or adjudication, the sheriff with whom the application was | 432 |
submitted shall not consider the conviction, guilty plea, or | 433 |
adjudication in making a determination under division (D)(1) or | 434 |
(F) of this section or, in relation to an application for a | 435 |
temporary emergency license to carry a concealed handgun submitted | 436 |
under section 2923.1213 of the Revised Code, in making a | 437 |
determination under division (B)(2) of that section. | 438 |
(E) If a license to carry a concealed handgun issued under | 439 |
this section is lost or is destroyed, the licensee may obtain from | 440 |
the sheriff who issued that license a duplicate license upon the | 441 |
payment of a fee of fifteen dollars and the submission of an | 442 |
affidavit attesting to the loss or destruction of the license. The | 443 |
sheriff, in accordance with the procedures prescribed in section | 444 |
109.731 of the Revised Code, shall place on the replacement | 445 |
license a combination of identifying numbers different from the | 446 |
combination on the license that is being replaced. | 447 |
(F)(1) A licensee who wishes to renew a license to carry a | 448 |
concealed handgun issued under this section shall do so not | 449 |
earlier than ninety days before the expiration date of the license | 450 |
or at any time after the expiration date of the license by filing | 451 |
with the sheriff of the county in which the applicant resides or | 452 |
with the sheriff of an adjacent county an application for renewal | 453 |
of the license obtained pursuant to division (D) of this section, | 454 |
a certification by the applicant that, subsequent to the issuance | 455 |
of the license, the applicant has reread the pamphlet prepared by | 456 |
the Ohio peace officer training commission pursuant to section | 457 |
109.731 of the Revised Code that reviews firearms, dispute | 458 |
resolution, and use of deadly force matters, a nonrefundable | 459 |
license renewal fee in an amount determined pursuant to division | 460 |
(F)(4) of this section unless the fee is waived, and one of the | 461 |
following: | 462 |
(a) If the licensee previously has not renewed a license to | 463 |
carry a concealed handgun issued under this section, proof that | 464 |
the licensee at one time had a competency certification of the | 465 |
type described in division (B)(3) of this section. A valid | 466 |
license, expired license, or any other previously issued license | 467 |
that has not been revoked is prima-facie evidence that the | 468 |
licensee at one time had a competency certification of the type | 469 |
described in division (B)(3) of this section. | 470 |
(b) If the licensee previously has renewed a license to carry | 471 |
a concealed handgun issued under this section, a renewed | 472 |
competency certification of the type described in division (G)(4) | 473 |
of this section. | 474 |
(2) A sheriff shall accept a completed renewal application, | 475 |
the license renewal fee, and information specified in division | 476 |
(F)(1) of this section at the times and in the manners described | 477 |
in division (I) of this section. Upon receipt of a completed | 478 |
renewal application, of certification that the applicant has | 479 |
reread the specified pamphlet prepared by the Ohio peace officer | 480 |
training commission, of proof of a prior competency certification | 481 |
for an initial renewal or of a renewed competency certification | 482 |
for a second or subsequent renewal, and of a license renewal fee | 483 |
unless the fee is waived, a sheriff, in the manner specified in | 484 |
section 311.41 of the Revised Code shall conduct or cause to be | 485 |
conducted the criminal records check and the incompetency records | 486 |
check described in section 311.41 of the Revised Code. The sheriff | 487 |
shall renew the license if the sheriff determines that the | 488 |
applicant continues to satisfy the requirements described in | 489 |
division (D)(1) of this section, except that the applicant is not | 490 |
required to meet the requirements of division (D)(1)(l) of this | 491 |
section. A renewed license that is renewed on or after March 14, | 492 |
2007, shall expire five years after the date of issuance, and a | 493 |
renewed license that is renewed prior to March 14, 2007, shall | 494 |
expire four years after the date of issuance. A renewed license is | 495 |
subject to division (E) of this section and sections 2923.126 and | 496 |
2923.128 of the Revised Code. A sheriff shall comply with | 497 |
divisions (D)(2) to (4) of this section when the circumstances | 498 |
described in those divisions apply to a requested license renewal. | 499 |
If a sheriff denies the renewal of a license to carry a concealed | 500 |
handgun, the applicant may appeal the denial, or challenge the | 501 |
criminal record check results that were the basis of the denial if | 502 |
applicable, in the same manner as specified in division (D)(2)(b) | 503 |
of this section and in section 2923.127 of the Revised Code, | 504 |
regarding the denial of a license under this section. | 505 |
(3) A renewal application submitted pursuant to division (F) | 506 |
of this section shall only require the licensee to list on the | 507 |
application form information and matters occurring since the date | 508 |
of the licensee's last application for a license pursuant to | 509 |
division (B) or (F) of this section. A sheriff conducting the | 510 |
criminal records check and the incompetency records check | 511 |
described in section 311.41 of the Revised Code shall conduct the | 512 |
check only from the date of the licensee's last application for a | 513 |
license pursuant to division (B) or (F) of this section through | 514 |
the date of the renewal application submitted pursuant to division | 515 |
(F) of this section. | 516 |
(4) An applicant for a renewal license to carry a concealed | 517 |
handgun shall submit to the sheriff of the county in which the | 518 |
applicant resides or to the sheriff of any county adjacent to the | 519 |
county in which the applicant resides a nonrefundable license fee | 520 |
as described in either of the following: | 521 |
(a) For an applicant who has been a resident of this state | 522 |
for five or more years, a fee of fifty dollars; | 523 |
(b) For an applicant who has been a resident of this state | 524 |
for less than five years, a fee of fifty dollars plus the actual | 525 |
cost of having a background check performed by the federal bureau | 526 |
of investigation. | 527 |
(G)(1) Each course, class, or program described in division | 528 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 529 |
person who takes the course, class, or program the web site | 530 |
address at which the pamphlet prepared by the Ohio peace officer | 531 |
training commission pursuant to section 109.731 of the Revised | 532 |
Code that reviews firearms, dispute resolution, and use of deadly | 533 |
force matters may be found. Each such course, class, or program | 534 |
described in one of those divisions shall include at least twelve | 535 |
hours of training in the safe handling and use of a firearm that | 536 |
shall include all of the following: | 537 |
(a) At least ten hours of training on the following matters: | 538 |
(i) The ability to name, explain, and demonstrate the rules | 539 |
for safe handling of a handgun and proper storage practices for | 540 |
handguns and ammunition; | 541 |
(ii) The ability to demonstrate and explain how to handle | 542 |
ammunition in a safe manner; | 543 |
(iii) The ability to demonstrate the knowledge, skills, and | 544 |
attitude necessary to shoot a handgun in a safe manner; | 545 |
(iv) Gun handling training. | 546 |
(b) At least two hours of training that consists of range | 547 |
time and live-fire training. | 548 |
(2) To satisfactorily complete the course, class, or program | 549 |
described in division (B)(3)(a), (b), (c), or (e) of this section, | 550 |
the applicant shall pass a competency examination that shall | 551 |
include both of the following: | 552 |
(a) A written section on the ability to name and explain the | 553 |
rules for the safe handling of a handgun and proper storage | 554 |
practices for handguns and ammunition; | 555 |
(b) A physical demonstration of competence in the use of a | 556 |
handgun and in the rules for safe handling and storage of a | 557 |
handgun and a physical demonstration of the attitude necessary to | 558 |
shoot a handgun in a safe manner. | 559 |
(3) The competency certification described in division | 560 |
(B)(3)(a), (b), (c), or (e) of this section shall be dated and | 561 |
shall attest that the course, class, or program the applicant | 562 |
successfully completed met the requirements described in division | 563 |
(G)(1) of this section and that the applicant passed the | 564 |
competency examination described in division (G)(2) of this | 565 |
section. | 566 |
(4) A person who previously has received a competency | 567 |
certification as described in division (B)(3) of this section, or | 568 |
who previously has received a renewed competency certification as | 569 |
described in this division, may obtain a renewed competency | 570 |
certification pursuant to this division. If the person previously | 571 |
has received a competency certification or previously has received | 572 |
a renewed competency certification, the person may obtain a | 573 |
renewed competency certification from an entity that offers a | 574 |
course, class, or program described in division (B)(3)(a), (b), | 575 |
(c), or (e) of this section by passing a test that demonstrates | 576 |
that the person is range competent. In these circumstances, the | 577 |
person is not required to attend the course, class, or program or | 578 |
to take the competency examination described in division (G)(2) of | 579 |
this section for the renewed competency certification in order to | 580 |
be eligible to receive a renewed competency certification. A | 581 |
renewed competency certification issued under this division shall | 582 |
be dated and shall attest that the person has demonstrated range | 583 |
competency. | 584 |
(H) Upon deciding to issue a license, deciding to issue a | 585 |
replacement license, or deciding to renew a license to carry a | 586 |
concealed handgun pursuant to this section, and before actually | 587 |
issuing or renewing the license, the sheriff shall make available | 588 |
through the law enforcement automated data system all information | 589 |
contained on the license. If the license subsequently is suspended | 590 |
under division (A)(1) or (2) of section 2923.128 of the Revised | 591 |
Code, revoked pursuant to division (B)(1) of section 2923.128 of | 592 |
the Revised Code, or lost or destroyed, the sheriff also shall | 593 |
make available through the law enforcement automated data system a | 594 |
notation of that fact. The superintendent of the state highway | 595 |
patrol shall ensure that the law enforcement automated data system | 596 |
is so configured as to permit the transmission through the system | 597 |
of the information specified in this division. | 598 |
(I) A sheriff shall accept a completed application form or | 599 |
renewal application, and the fee, items, materials, and | 600 |
information specified in divisions (B)(1) to (5) or division (F) | 601 |
of this section, whichever is applicable, and shall provide an | 602 |
application form or renewal application to any person during at | 603 |
least fifteen hours a week and shall provide the web site address | 604 |
at which the pamphlet described in division (B) of section 109.731 | 605 |
of the Revised Code may be found at any time, upon request. The | 606 |
sheriff shall post notice of the hours during which the sheriff is | 607 |
available to accept or provide the information described in this | 608 |
division. | 609 |
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid | 610 |
license issued under section 2923.125 or 2923.1213 of the Revised | 611 |
Code is arrested for or otherwise charged with an offense | 612 |
described in division (D)(1)(d) of section 2923.125 of the Revised | 613 |
Code or with a violation of section 2923.15 of the Revised Code or | 614 |
becomes subject to a temporary protection order or to a protection | 615 |
order issued by a court of another state that is substantially | 616 |
equivalent to a temporary protection order, the sheriff who issued | 617 |
the license or temporary emergency license shall suspend it and | 618 |
shall comply with division (A)(3) of this section upon becoming | 619 |
aware of the arrest, charge, or protection order. Upon suspending | 620 |
the license or temporary emergency license, the sheriff also shall | 621 |
comply with division (H) of section 2923.125 of the Revised Code. | 622 |
(b) A suspension under division (A)(1)(a) of this section | 623 |
shall be considered as beginning on the date that the licensee is | 624 |
arrested for or otherwise charged with an offense described in | 625 |
that division or on the date the appropriate court issued the | 626 |
protection order described in that division, irrespective of when | 627 |
the sheriff notifies the licensee under division (A)(3) of this | 628 |
section. The suspension shall end on the date on which the charges | 629 |
are dismissed or the licensee is found not guilty of the offense | 630 |
described in division (A)(1)(a) of this section or, subject to | 631 |
division (B) of this section, on the date the appropriate court | 632 |
terminates the protection order described in that division. If the | 633 |
suspension so ends, the sheriff shall return the license or | 634 |
temporary emergency license to the licensee. | 635 |
(2)(a) If a licensee holding a valid license issued under | 636 |
section 2923.125 or 2923.1213 of the Revised Code is convicted of | 637 |
or pleads guilty to a misdemeanor violation of division (B)(1), | 638 |
(2), or (4) of section 2923.12 of the Revised Code or of division | 639 |
(E)(1), (2), (3), | 640 |
Code, except as provided in division (A)(2)(c) of this section and | 641 |
subject to division (C) of this section, the sheriff who issued | 642 |
the license or temporary emergency license shall suspend it and | 643 |
shall comply with division (A)(3) of this section upon becoming | 644 |
aware of the conviction or guilty plea. Upon suspending the | 645 |
license or temporary emergency license, the sheriff also shall | 646 |
comply with division (H) of section 2923.125 of the Revised Code. | 647 |
(b) A suspension under division (A)(2)(a) of this section | 648 |
shall be considered as beginning on the date that the licensee is | 649 |
convicted of or pleads guilty to the offense described in that | 650 |
division, irrespective of when the sheriff notifies the licensee | 651 |
under division (A)(3) of this section. If the suspension is | 652 |
imposed for a misdemeanor violation of division (B)(1) or (2) of | 653 |
section 2923.12 of the Revised Code or of division (E)(1), (2), or | 654 |
(3) | 655 |
the date that is one year after the date that the licensee is | 656 |
convicted of or pleads guilty to that violation. If the suspension | 657 |
is imposed for a misdemeanor violation of division (B)(4) of | 658 |
section 2923.12 of the Revised Code or of division (E) | 659 |
section 2923.16 of the Revised Code, it shall end on the date that | 660 |
is two years after the date that the licensee is convicted of or | 661 |
pleads guilty to that violation. If the licensee's license was | 662 |
issued under section 2923.125 of the Revised Code and the license | 663 |
remains valid after the suspension ends as described in this | 664 |
division, when the suspension ends, the sheriff shall return the | 665 |
license to the licensee. If the licensee's license was issued | 666 |
under section 2923.125 of the Revised Code and the license expires | 667 |
before the suspension ends as described in this division, or if | 668 |
the licensee's license was issued under section 2923.1213 of the | 669 |
Revised Code, the licensee is not eligible to apply for a new | 670 |
license under section 2923.125 or 2923.1213 of the Revised Code or | 671 |
to renew the license under section 2923.125 of the Revised Code | 672 |
until after the suspension ends as described in this division. | 673 |
(c) The license of a licensee who is convicted of or pleads | 674 |
guilty to a violation of division (B)(1) of section 2923.12 or | 675 |
division (E) | 676 |
shall not be suspended pursuant to division (A)(2)(a) of this | 677 |
section if, at the time of the stop of the licensee for a law | 678 |
enforcement purpose, for a traffic stop, or for a purpose defined | 679 |
in section 5503.34 of the Revised Code that was the basis of the | 680 |
violation, any law enforcement officer involved with the stop or | 681 |
the employee of the motor carrier enforcement unit who made the | 682 |
stop had actual knowledge of the licensee's status as a licensee. | 683 |
(3) Upon becoming aware of an arrest, charge, or protection | 684 |
order described in division (A)(1)(a) of this section with respect | 685 |
to a licensee who was issued a license under section 2923.125 or | 686 |
2923.1213 of the Revised Code, or a conviction of or plea of | 687 |
guilty to a misdemeanor offense described in division (A)(2)(a) of | 688 |
this section with respect to a licensee who was issued a license | 689 |
under either section and with respect to which division (A)(2)(c) | 690 |
of this section does not apply, subject to division (C) of this | 691 |
section, the sheriff who issued the licensee's license or | 692 |
temporary emergency license to carry a concealed handgun shall | 693 |
notify the licensee, by certified mail, return receipt requested, | 694 |
at the licensee's last known residence address that the license or | 695 |
temporary emergency license has been suspended and that the | 696 |
licensee is required to surrender the license or temporary | 697 |
emergency license at the sheriff's office within ten days of the | 698 |
date on which the notice was mailed. If the suspension is pursuant | 699 |
to division (A)(2) of this section, the notice shall identify the | 700 |
date on which the suspension ends. | 701 |
(B)(1) A sheriff who issues a license or temporary emergency | 702 |
license to carry a concealed handgun to a licensee under section | 703 |
2923.125 or 2923.1213 of the Revised Code shall revoke the license | 704 |
or temporary emergency license in accordance with division (B)(2) | 705 |
of this section upon becoming aware that the licensee satisfies | 706 |
any of the following: | 707 |
(a) The licensee is under twenty-one years of age. | 708 |
(b) Subject to division (C) of this section, at the time of | 709 |
the issuance of the license or temporary emergency license, the | 710 |
licensee did not satisfy the eligibility requirements of division | 711 |
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the | 712 |
Revised Code. | 713 |
(c) Subject to division (C) of this section, on or after the | 714 |
date on which the license or temporary emergency license was | 715 |
issued, the licensee is convicted of or pleads guilty to a | 716 |
violation of section 2923.15 of the Revised Code or an offense | 717 |
described in division (D)(1)(e), (f), (g), or (h) of section | 718 |
2923.125 of the Revised Code. | 719 |
(d) On or after the date on which the license or temporary | 720 |
emergency license was issued, the licensee becomes subject to a | 721 |
civil protection order or to a protection order issued by a court | 722 |
of another state that is substantially equivalent to a civil | 723 |
protection order. | 724 |
(e) The licensee knowingly carries a concealed handgun into a | 725 |
place that the licensee knows is an unauthorized place specified | 726 |
in division (B) of section 2923.126 of the Revised Code. | 727 |
(f) On or after the date on which the license or temporary | 728 |
emergency license was issued, the licensee is adjudicated as a | 729 |
mental defective or is committed to a mental institution. | 730 |
(g) At the time of the issuance of the license or temporary | 731 |
emergency license, the licensee did not meet the residency | 732 |
requirements described in division (D)(1) of section 2923.125 of | 733 |
the Revised Code and currently does not meet the residency | 734 |
requirements described in that division. | 735 |
(h) Regarding a license issued under section 2923.125 of the | 736 |
Revised Code, the competency certificate the licensee submitted | 737 |
was forged or otherwise was fraudulent. | 738 |
(2) Upon becoming aware of any circumstance listed in | 739 |
division (B)(1) of this section that applies to a particular | 740 |
licensee who was issued a license under section 2923.125 or | 741 |
2923.1213 of the Revised Code, subject to division (C) of this | 742 |
section, the sheriff who issued the license or temporary emergency | 743 |
license to carry a concealed handgun to the licensee shall notify | 744 |
the licensee, by certified mail, return receipt requested, at the | 745 |
licensee's last known residence address that the license or | 746 |
temporary emergency license is subject to revocation and that the | 747 |
licensee may come to the sheriff's office and contest the | 748 |
sheriff's proposed revocation within fourteen days of the date on | 749 |
which the notice was mailed. After the fourteen-day period and | 750 |
after consideration of any information that the licensee provides | 751 |
during that period, if the sheriff determines on the basis of the | 752 |
information of which the sheriff is aware that the licensee is | 753 |
described in division (B)(1) of this section and no longer | 754 |
satisfies the requirements described in division (D)(1) of section | 755 |
2923.125 of the Revised Code that are applicable to the licensee's | 756 |
type of license, the sheriff shall revoke the license or temporary | 757 |
emergency license, notify the licensee of that fact, and require | 758 |
the licensee to surrender the license or temporary emergency | 759 |
license. Upon revoking the license or temporary emergency license, | 760 |
the sheriff also shall comply with division (H) of section | 761 |
2923.125 of the Revised Code. | 762 |
(C) If a sheriff who issues a license or temporary emergency | 763 |
license to carry a concealed handgun to a licensee under section | 764 |
2923.125 or 2923.1213 of the Revised Code becomes aware that at | 765 |
the time of the issuance of the license or temporary emergency | 766 |
license the licensee had been convicted of or pleaded guilty to an | 767 |
offense identified in division (D)(1)(e), (f), or (h) of section | 768 |
2923.125 of the Revised Code or had been adjudicated a delinquent | 769 |
child for committing an act or violation identified in any of | 770 |
those divisions or becomes aware that on or after the date on | 771 |
which the license or temporary emergency license was issued the | 772 |
licensee has been convicted of or pleaded guilty to an offense | 773 |
identified in division (A)(2)(a) or (B)(1)(c) of this section, the | 774 |
sheriff shall not consider that conviction, guilty plea, or | 775 |
adjudication as having occurred for purposes of divisions (A)(2), | 776 |
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered | 777 |
the sealing or expungement of the records of that conviction, | 778 |
guilty plea, or adjudication pursuant to sections 2151.355 to | 779 |
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a | 780 |
court has granted the licensee relief pursuant to section 2923.14 | 781 |
of the Revised Code from the disability imposed pursuant to | 782 |
section 2923.13 of the Revised Code relative to that conviction, | 783 |
guilty plea, or adjudication. | 784 |
(D) As used in this section, "motor carrier enforcement unit" | 785 |
has the same meaning as in section 2923.16 of the Revised Code. | 786 |
Sec. 2923.16. (A) No person shall knowingly discharge a | 787 |
firearm while in or on a motor vehicle. | 788 |
(B) No person shall knowingly transport or have a loaded | 789 |
firearm in a motor vehicle in such a manner that the firearm is | 790 |
accessible to the operator or any passenger without leaving the | 791 |
vehicle. | 792 |
(C) No person shall knowingly transport or have a firearm in | 793 |
a motor vehicle, unless the person may lawfully possess that | 794 |
firearm under applicable law of this state or the United States, | 795 |
the firearm is unloaded, and the firearm is carried in one of the | 796 |
following ways: | 797 |
(1) In a closed package, box, or case; | 798 |
(2) In a compartment that can be reached only by leaving the | 799 |
vehicle; | 800 |
(3) In plain sight and secured in a rack or holder made for | 801 |
the purpose; | 802 |
(4) If the firearm is at least twenty-four inches in overall | 803 |
length as measured from the muzzle to the part of the stock | 804 |
furthest from the muzzle and if the barrel is at least eighteen | 805 |
inches in length, either in plain sight with the action open or | 806 |
the weapon stripped, or, if the firearm is of a type on which the | 807 |
action will not stay open or which cannot easily be stripped, in | 808 |
plain sight. | 809 |
(D) No person shall knowingly transport or have a loaded | 810 |
handgun in a motor vehicle if, at the time of that transportation | 811 |
or possession, any of the following applies: | 812 |
(1) The person is under the influence of alcohol, a drug of | 813 |
abuse, or a combination of them. | 814 |
(2) The person's whole blood, blood serum or plasma, breath, | 815 |
or urine contains a concentration of alcohol, a listed controlled | 816 |
substance, or a listed metabolite of a controlled substance | 817 |
prohibited for persons operating a vehicle, as specified in | 818 |
division (A) of section 4511.19 of the Revised Code, regardless of | 819 |
whether the person at the time of the transportation or possession | 820 |
as described in this division is the operator of or a passenger in | 821 |
the motor vehicle. | 822 |
(E) No person who has been issued a license or temporary | 823 |
emergency license to carry a concealed handgun under section | 824 |
2923.125 or 2923.1213 of the Revised Code | 825 |
826 |
| 827 |
828 |
| 829 |
830 |
| 831 |
832 | |
833 | |
834 | |
835 |
| 836 |
837 | |
838 |
| 839 |
840 | |
841 | |
842 | |
843 | |
844 | |
845 | |
846 | |
847 | |
848 | |
849 |
| 850 |
that was issued to the person by another state with which the | 851 |
attorney general has entered into a reciprocity agreement under | 852 |
section 109.69 of the Revised Code, who is the driver or an | 853 |
occupant of a motor vehicle that is stopped as a result of a | 854 |
traffic stop or a stop for another law enforcement purpose or is | 855 |
the driver or an occupant of a commercial motor vehicle that is | 856 |
stopped by an employee of the motor carrier enforcement unit for | 857 |
the purposes defined in section 5503.34 of the Revised Code, and | 858 |
859 | |
motor vehicle or commercial motor vehicle in any manner, | 860 |
shall do any of the following | 861 |
| 862 |
863 | |
864 | |
any law enforcement officer who approaches the vehicle while | 865 |
stopped that the person has been issued a license or temporary | 866 |
emergency license to carry a concealed handgun and that the person | 867 |
then possesses or has a loaded handgun in the motor vehicle; | 868 |
| 869 |
870 | |
871 | |
Fail to promptly inform the employee of the unit who approaches | 872 |
the vehicle while stopped that the person has been issued a | 873 |
license or temporary emergency license to carry a concealed | 874 |
handgun and that the person then possesses or has a loaded handgun | 875 |
in the commercial motor vehicle | 876 |
| 877 |
878 | |
879 | |
880 | |
881 |
(3) Knowingly fail to remain in the motor vehicle while | 882 |
stopped or knowingly fail to keep the person's hands in plain | 883 |
sight at any time after any law enforcement officer begins | 884 |
approaching the person while stopped and before the law | 885 |
enforcement officer leaves, unless the failure is pursuant to and | 886 |
in accordance with directions given by a law enforcement officer; | 887 |
| 888 |
889 | |
890 | |
891 | |
892 | |
893 | |
894 | |
895 | |
896 | |
Knowingly have contact with the loaded handgun by touching it with | 897 |
the person's hands or fingers in the motor vehicle at any time | 898 |
after the law enforcement officer begins approaching and before | 899 |
the law enforcement officer leaves, unless the person removes, | 900 |
attempts to remove, grasps, holds, or has contact with the loaded | 901 |
handgun pursuant to and in accordance with directions given by the | 902 |
law enforcement officer; | 903 |
| 904 |
905 | |
906 | |
907 | |
908 | |
any lawful order of any law enforcement officer given while the | 909 |
motor vehicle is stopped, including, but not limited to, a | 910 |
specific order to the person to keep the person's hands in plain | 911 |
sight. | 912 |
(F)(1) Divisions (A), (B), (C), and (E) of this section do | 913 |
not apply to any of the following: | 914 |
(a) An officer, agent, or employee of this or any other state | 915 |
or the United States, or a law enforcement officer, when | 916 |
authorized to carry or have loaded or accessible firearms in motor | 917 |
vehicles and acting within the scope of the officer's, agent's, or | 918 |
employee's duties; | 919 |
(b) Any person who is employed in this state, who is | 920 |
authorized to carry or have loaded or accessible firearms in motor | 921 |
vehicles, and who is subject to and in compliance with the | 922 |
requirements of section 109.801 of the Revised Code, unless the | 923 |
appointing authority of the person has expressly specified that | 924 |
the exemption provided in division (F)(1)(b) of this section does | 925 |
not apply to the person. | 926 |
(2) Division (A) of this section does not apply to a person | 927 |
if all of the following circumstances apply: | 928 |
(a) The person discharges a firearm from a motor vehicle at a | 929 |
coyote or groundhog, the discharge is not during the deer gun | 930 |
hunting season as set by the chief of the division of wildlife of | 931 |
the department of natural resources, and the discharge at the | 932 |
coyote or groundhog, but for the operation of this section, is | 933 |
lawful. | 934 |
(b) The motor vehicle from which the person discharges the | 935 |
firearm is on real property that is located in an unincorporated | 936 |
area of a township and that either is zoned for agriculture or is | 937 |
used for agriculture. | 938 |
(c) The person owns the real property described in division | 939 |
(F)(2)(b) of this section, is the spouse or a child of another | 940 |
person who owns that real property, is a tenant of another person | 941 |
who owns that real property, or is the spouse or a child of a | 942 |
tenant of another person who owns that real property. | 943 |
(d) The person does not discharge the firearm in any of the | 944 |
following manners: | 945 |
(i) While under the influence of alcohol, a drug of abuse, or | 946 |
alcohol and a drug of abuse; | 947 |
(ii) In the direction of a street, highway, or other public | 948 |
or private property used by the public for vehicular traffic or | 949 |
parking; | 950 |
(iii) At or into an occupied structure that is a permanent or | 951 |
temporary habitation; | 952 |
(iv) In the commission of any violation of law, including, | 953 |
but not limited to, a felony that includes, as an essential | 954 |
element, purposely or knowingly causing or attempting to cause the | 955 |
death of or physical harm to another and that was committed by | 956 |
discharging a firearm from a motor vehicle. | 957 |
(3) Division (A) of this section does not apply to a person | 958 |
if all of the following apply: | 959 |
(a) The person possesses a valid electric-powered all-purpose | 960 |
vehicle permit issued under section 1533.103 of the Revised Code | 961 |
by the chief of the division of wildlife. | 962 |
(b) The person discharges a firearm at a wild quadruped or | 963 |
game bird as defined in section 1531.01 of the Revised Code during | 964 |
the open hunting season for the applicable wild quadruped or game | 965 |
bird. | 966 |
(c) The person discharges a firearm from a stationary | 967 |
electric-powered all-purpose vehicle as defined in section 1531.01 | 968 |
of the Revised Code or a motor vehicle that is parked on a road | 969 |
that is owned or administered by the division of wildlife, | 970 |
provided that the road is identified by an electric-powered | 971 |
all-purpose vehicle sign. | 972 |
(d) The person does not discharge the firearm in any of the | 973 |
following manners: | 974 |
(i) While under the influence of alcohol, a drug of abuse, or | 975 |
alcohol and a drug of abuse; | 976 |
(ii) In the direction of a street, a highway, or other public | 977 |
or private property that is used by the public for vehicular | 978 |
traffic or parking; | 979 |
(iii) At or into an occupied structure that is a permanent or | 980 |
temporary habitation; | 981 |
(iv) In the commission of any violation of law, including, | 982 |
but not limited to, a felony that includes, as an essential | 983 |
element, purposely or knowingly causing or attempting to cause the | 984 |
death of or physical harm to another and that was committed by | 985 |
discharging a firearm from a motor vehicle. | 986 |
(4) Divisions (B) and (C) of this section do not apply to a | 987 |
person if all of the following circumstances apply: | 988 |
(a) At the time of the alleged violation of either of those | 989 |
divisions, the person is the operator of or a passenger in a motor | 990 |
vehicle. | 991 |
(b) The motor vehicle is on real property that is located in | 992 |
an unincorporated area of a township and that either is zoned for | 993 |
agriculture or is used for agriculture. | 994 |
(c) The person owns the real property described in division | 995 |
(D)(4)(b) of this section, is the spouse or a child of another | 996 |
person who owns that real property, is a tenant of another person | 997 |
who owns that real property, or is the spouse or a child of a | 998 |
tenant of another person who owns that real property. | 999 |
(d) The person, prior to arriving at the real property | 1000 |
described in division (D)(4)(b) of this section, did not transport | 1001 |
or possess a firearm in the motor vehicle in a manner prohibited | 1002 |
by division (B) or (C) of this section while the motor vehicle was | 1003 |
being operated on a street, highway, or other public or private | 1004 |
property used by the public for vehicular traffic or parking. | 1005 |
(5) Divisions (B) and (C) of this section do not apply to a | 1006 |
person who transports or possesses a handgun in a motor vehicle | 1007 |
if, at the time of that transportation or possession, | 1008 |
the following apply: | 1009 |
(a) The person transporting or possessing the handgun is | 1010 |
carrying a valid license or temporary emergency license to carry a | 1011 |
concealed handgun issued to the person under section 2923.125 or | 1012 |
2923.1213 of the Revised Code or a license to carry a concealed | 1013 |
handgun that was issued by another state with which the attorney | 1014 |
general has entered into a reciprocity agreement under section | 1015 |
109.69 of the Revised Code. | 1016 |
(b) The person transporting or possessing the handgun is not | 1017 |
knowingly in a place described in division (B) of section 2923.126 | 1018 |
of the Revised Code. | 1019 |
| 1020 |
| 1021 |
| 1022 |
1023 | |
1024 | |
1025 | |
1026 |
| 1027 |
1028 | |
1029 |
(6) Divisions (B) and (C) of this section do not apply to a | 1030 |
person if all of the following apply: | 1031 |
(a) The person possesses a valid electric-powered all-purpose | 1032 |
vehicle permit issued under section 1533.103 of the Revised Code | 1033 |
by the chief of the division of wildlife. | 1034 |
(b) The person is on or in an electric-powered all-purpose | 1035 |
vehicle as defined in section 1531.01 of the Revised Code or a | 1036 |
motor vehicle during the open hunting season for a wild quadruped | 1037 |
or game bird. | 1038 |
(c) The person is on or in an electric-powered all-purpose | 1039 |
vehicle as defined in section 1531.01 of the Revised Code or a | 1040 |
motor vehicle that is parked on a road that is owned or | 1041 |
administered by the division of wildlife, provided that the road | 1042 |
is identified by an electric-powered all-purpose vehicle sign. | 1043 |
(G)(1) The affirmative defenses authorized in divisions | 1044 |
(D)(1) and (2) of section 2923.12 of the Revised Code are | 1045 |
affirmative defenses to a charge under division (B) or (C) of this | 1046 |
section that involves a firearm other than a handgun. | 1047 |
(2) It is an affirmative defense to a charge under division | 1048 |
(B) or (C) of this section of improperly handling firearms in a | 1049 |
motor vehicle that the actor transported or had the firearm in the | 1050 |
motor vehicle for any lawful purpose and while the motor vehicle | 1051 |
was on the actor's own property, provided that this affirmative | 1052 |
defense is not available unless the person, immediately prior to | 1053 |
arriving at the actor's own property, did not transport or possess | 1054 |
the firearm in a motor vehicle in a manner prohibited by division | 1055 |
(B) or (C) of this section while the motor vehicle was being | 1056 |
operated on a street, highway, or other public or private property | 1057 |
used by the public for vehicular traffic. | 1058 |
(H)(1) No person who is charged with a violation of division | 1059 |
(B), (C), or (D) of this section shall be required to obtain a | 1060 |
license or temporary emergency license to carry a concealed | 1061 |
handgun under section 2923.125 or 2923.1213 of the Revised Code as | 1062 |
a condition for the dismissal of the charge. | 1063 |
(2)(a) If a person is convicted of, was convicted of, pleads | 1064 |
guilty to, or has pleaded guilty to a violation of division (E) of | 1065 |
this section as it existed prior to the effective date of this | 1066 |
amendment and if the conduct that was the basis of the violation | 1067 |
no longer would be a violation of division (E) of this section on | 1068 |
or after the effective date of this amendment, the person may file | 1069 |
an application under section 2953.37 of the Revised Code | 1070 |
requesting the expungement of the record of conviction. | 1071 |
If a person is convicted of, was convicted of, pleads guilty | 1072 |
to, or has pleaded guilty to a violation of division (B) or (C) of | 1073 |
this section as the division existed prior to the effective date | 1074 |
of this amendment and if the conduct that was the basis of the | 1075 |
violation no longer would be a violation of division (B) or (C) of | 1076 |
this section on or after the effective date of this amendment due | 1077 |
to the application of division (F)(5) of this section as it exists | 1078 |
on and after the effective date of this amendment, the person may | 1079 |
file an application under section 2953.37 of the Revised Code | 1080 |
requesting the expungement of the record of conviction. | 1081 |
(b) The attorney general shall develop a public media | 1082 |
advisory that summarizes the expungement procedure established | 1083 |
under section 2953.37 of the Revised Code and the offenders | 1084 |
identified in division (H)(2)(a) of this section who are | 1085 |
authorized to apply for the expungement. Within thirty days after | 1086 |
the effective date of this amendment, the attorney general shall | 1087 |
provide a copy of the advisory to each daily newspaper published | 1088 |
in this state and each television station that broadcasts in this | 1089 |
state. The attorney general may provide the advisory in a tangible | 1090 |
form, an electronic form, or in both tangible and electronic | 1091 |
forms. | 1092 |
(I) Whoever violates this section is guilty of improperly | 1093 |
handling firearms in a motor vehicle. Violation of division (A) of | 1094 |
this section is a felony of the fourth degree. Violation of | 1095 |
division (C) of this section is a misdemeanor of the fourth | 1096 |
degree. A violation of division (D) of this section is a felony of | 1097 |
the fifth degree or, if the loaded handgun is concealed on the | 1098 |
person's person, a felony of the fourth degree. Except as | 1099 |
otherwise provided in this division, a violation of division | 1100 |
(E) | 1101 |
degree, and, in addition to any other penalty or sanction imposed | 1102 |
for the violation, the offender's license or temporary emergency | 1103 |
license to carry a concealed handgun shall be suspended pursuant | 1104 |
to division (A)(2) of section 2923.128 of the Revised Code. If at | 1105 |
the time of the stop of the offender for a traffic stop, for | 1106 |
another law enforcement purpose, or for a purpose defined in | 1107 |
section 5503.34 of the Revised Code that was the basis of the | 1108 |
violation any law enforcement officer involved with the stop or | 1109 |
the employee of the motor carrier enforcement unit who made the | 1110 |
stop had actual knowledge of the offender's status as a licensee, | 1111 |
a violation of division (E) | 1112 |
minor misdemeanor, and the offender's license or temporary | 1113 |
emergency license to carry a concealed handgun shall not be | 1114 |
suspended pursuant to division (A)(2) of section 2923.128 of the | 1115 |
Revised Code. A violation of division (E) | 1116 |
this section is a felony of the fifth degree. A violation of | 1117 |
division (E) | 1118 |
the first degree or, if the offender previously has been convicted | 1119 |
of or pleaded guilty to a violation of division (E) | 1120 |
1121 | |
to any other penalty or sanction imposed for a misdemeanor | 1122 |
violation of division (E) | 1123 |
offender's license or temporary emergency license to carry a | 1124 |
concealed handgun shall be suspended pursuant to division (A)(2) | 1125 |
of section 2923.128 of the Revised Code. A violation of division | 1126 |
(B) of this section is | 1127 |
| 1128 |
1129 | |
1130 | |
1131 | |
1132 | |
1133 | |
1134 | |
1135 | |
1136 | |
1137 | |
1138 | |
1139 | |
1140 |
| 1141 |
felony of the fourth degree. | 1142 |
(J) If a law enforcement officer stops a motor vehicle for a | 1143 |
traffic stop or any other purpose, if any person in the motor | 1144 |
vehicle surrenders a firearm to the officer, either voluntarily or | 1145 |
pursuant to a request or demand of the officer, and if the officer | 1146 |
does not charge the person with a violation of this section or | 1147 |
arrest the person for any offense, the person is not otherwise | 1148 |
prohibited by law from possessing the firearm, and the firearm is | 1149 |
not contraband, the officer shall return the firearm to the person | 1150 |
at the termination of the stop. If a court orders a law | 1151 |
enforcement officer to return a firearm to a person pursuant to | 1152 |
the requirement set forth in this division, division (B) of | 1153 |
section 2923.163 of the Revised Code applies. | 1154 |
(K) As used in this section: | 1155 |
(1) "Motor vehicle," "street," and "highway" have the same | 1156 |
meanings as in section 4511.01 of the Revised Code. | 1157 |
(2) "Occupied structure" has the same meaning as in section | 1158 |
2909.01 of the Revised Code. | 1159 |
(3) "Agriculture" has the same meaning as in section 519.01 | 1160 |
of the Revised Code. | 1161 |
(4) "Tenant" has the same meaning as in section 1531.01 of | 1162 |
the Revised Code. | 1163 |
(5) "Unloaded" means any of the following: | 1164 |
(a) No ammunition is in the firearm in question, and no | 1165 |
ammunition is loaded into a magazine or speed loader that may be | 1166 |
used with the firearm in question and that is located anywhere | 1167 |
within the vehicle in question, without regard to where ammunition | 1168 |
otherwise is located within the vehicle in question. For the | 1169 |
purposes of division (K)(5)(a) of this section, ammunition held in | 1170 |
stripper-clips or in en-bloc clips is not considered ammunition | 1171 |
that is loaded into a magazine or speed loader. | 1172 |
(b) With respect to a firearm employing a percussion cap, | 1173 |
flintlock, or other obsolete ignition system, when the weapon is | 1174 |
uncapped or when the priming charge is removed from the pan. | 1175 |
(6) "Commercial motor vehicle" has the same meaning as in | 1176 |
division (A) of section 4506.25 of the Revised Code. | 1177 |
(7) "Motor carrier enforcement unit" means the motor carrier | 1178 |
enforcement unit in the department of public safety, division of | 1179 |
state highway patrol, that is created by section 5503.34 of the | 1180 |
Revised Code. | 1181 |
Sec. 2953.321. (A) As used in this section, "investigatory | 1182 |
work product" means any records or reports of a law enforcement | 1183 |
officer or agency that are excepted from the definition of | 1184 |
"official records" contained in section 2953.51 of the Revised | 1185 |
Code and that pertain to a case the records of which have been | 1186 |
ordered sealed pursuant to division (C)(2) of section 2953.32 of | 1187 |
the Revised Code or have been ordered expunged pursuant to | 1188 |
division (D)(2) of section 2953.37 of the Revised Code. | 1189 |
(B) Upon the issuance of an order by a court pursuant to | 1190 |
division (C)(2) of section 2953.32 of the Revised Code directing | 1191 |
that all official records pertaining to a case be sealed or an | 1192 |
order by a court pursuant to division (D)(2) of section 2953.37 of | 1193 |
the Revised Code directing that all official records pertaining to | 1194 |
a case be expunged: | 1195 |
(1) Every law enforcement officer who possesses investigatory | 1196 |
work product immediately shall deliver that work product to the | 1197 |
law enforcement officer's employing law enforcement agency. | 1198 |
(2) Except as provided in division (B)(3) of this section, | 1199 |
every law enforcement agency that possesses investigatory work | 1200 |
product shall close that work product to all persons who are not | 1201 |
directly employed by the law enforcement agency and shall treat | 1202 |
that work product, in relation to all persons other than those who | 1203 |
are directly employed by the law enforcement agency, as if it did | 1204 |
not exist and never had existed. | 1205 |
(3) A law enforcement agency that possesses investigatory | 1206 |
work product may permit another law enforcement agency to use that | 1207 |
work product in the investigation of another offense if the facts | 1208 |
incident to the offense being investigated by the other law | 1209 |
enforcement agency and the facts incident to an offense that is | 1210 |
the subject of the case are reasonably similar. The agency that | 1211 |
permits the use of investigatory work product may provide the | 1212 |
other agency with the name of the person who is the subject of the | 1213 |
case if it believes that the name of the person is necessary to | 1214 |
the conduct of the investigation by the other agency. | 1215 |
(C)(1) Except as provided in division (B)(3) of this section, | 1216 |
no law enforcement officer or other person employed by a law | 1217 |
enforcement agency shall knowingly release, disseminate, or | 1218 |
otherwise make the investigatory work product or any information | 1219 |
contained in that work product available to, or discuss any | 1220 |
information contained in it with, any person not employed by the | 1221 |
employing law enforcement agency. | 1222 |
(2) No law enforcement agency, or person employed by a law | 1223 |
enforcement agency, that receives investigatory work product | 1224 |
pursuant to division (B)(3) of this section shall use that work | 1225 |
product for any purpose other than the investigation of the | 1226 |
offense for which it was obtained from the other law enforcement | 1227 |
agency, or disclose the name of the person who is the subject of | 1228 |
the work product except when necessary for the conduct of the | 1229 |
investigation of the offense, or the prosecution of the person for | 1230 |
committing the offense, for which it was obtained from the other | 1231 |
law enforcement agency. | 1232 |
(3) It is not a violation of division (C)(1) or (2) of this | 1233 |
section for the bureau of criminal identification and | 1234 |
investigation or any authorized employee of the bureau | 1235 |
participating in the investigation of criminal activity to | 1236 |
release, disseminate, or otherwise make available to, or discuss | 1237 |
with, a person directly employed by a law enforcement agency DNA | 1238 |
records collected in the DNA database or fingerprints filed for | 1239 |
record by the superintendent of the bureau of criminal | 1240 |
identification and investigation. | 1241 |
(D) Whoever violates division (C)(1) or (2) of this section | 1242 |
is guilty of divulging confidential investigatory work product, a | 1243 |
misdemeanor of the fourth degree. | 1244 |
Sec. 2953.33. (A) | 1245 |
2953.37 of the Revised Code to expunge the record of a person's | 1246 |
conviction or, except as provided in division (G) of section | 1247 |
2953.32 of the Revised Code, an order issued under that section to | 1248 |
seal the record of a person's conviction restores the person who | 1249 |
is the subject of the order to all rights and privileges not | 1250 |
otherwise restored by termination of the sentence or community | 1251 |
control sanction or by final release on parole or post-release | 1252 |
control. | 1253 |
(B)(1) In any application for employment, license, or other | 1254 |
right or privilege, any appearance as a witness, or any other | 1255 |
inquiry, except as provided in division (E) of section 2953.32 and | 1256 |
in section 3319.292 of the Revised Code and subject to division | 1257 |
(B)(2) of this section, a person may be questioned only with | 1258 |
respect to convictions not sealed, bail forfeitures not expunged | 1259 |
under section 2953.42 of the Revised Code as it existed prior to | 1260 |
June 29, 1988, and bail forfeitures not sealed, unless the | 1261 |
question bears a direct and substantial relationship to the | 1262 |
position for which the person is being considered. | 1263 |
(2) A person may not be questioned in any application, | 1264 |
appearance, or inquiry of a type described in division (B)(1) of | 1265 |
this section with respect to any conviction expunged under section | 1266 |
2953.37 of the Revised Code. | 1267 |
Sec. 2953.35. (A) Except as authorized by divisions (D), | 1268 |
(E), and (F) of section 2953.32 of the Revised Code or by Chapter | 1269 |
2950. of the Revised Code, any officer or employee of the state, | 1270 |
or a political subdivision of the state, who releases or otherwise | 1271 |
disseminates or makes available for any purpose involving | 1272 |
employment, bonding, or licensing in connection with any business, | 1273 |
trade, or profession to any person, or to any department, agency, | 1274 |
or other instrumentality of the state, or any political | 1275 |
subdivision of the state, any information or other data concerning | 1276 |
any arrest, complaint, indictment, trial, hearing, adjudication, | 1277 |
conviction, or correctional supervision the records with respect | 1278 |
to which the officer or employee had knowledge of were sealed by | 1279 |
an existing order issued pursuant to sections 2953.31 to 2953.36 | 1280 |
of the Revised Code, were expunged by an order issued pursuant to | 1281 |
section 2953.37 of the Revised Code, or were expunged by an order | 1282 |
issued pursuant to section 2953.42 of the Revised Code as it | 1283 |
existed prior to June 29, 1988, is guilty of divulging | 1284 |
confidential information, a misdemeanor of the fourth degree. | 1285 |
(B) Any person who, in violation of section 2953.32 of the | 1286 |
Revised Code, uses, disseminates, or otherwise makes available any | 1287 |
index prepared pursuant to division (F) of section 2953.32 of the | 1288 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 1289 |
(C) It is not a violation of this section for the bureau of | 1290 |
criminal identification and investigation or any authorized | 1291 |
employee of the bureau participating in the investigation of | 1292 |
criminal activity to release, disseminate, or otherwise make | 1293 |
available to, or discuss with, a person directly employed by a law | 1294 |
enforcement agency DNA records collected in the DNA database or | 1295 |
fingerprints filed for record by the superintendent of the bureau | 1296 |
of criminal identification and investigation. | 1297 |
Sec. 2953.37. (A) As used in this section: | 1298 |
(1) "Expunge" means to destroy, delete, and erase a record as | 1299 |
appropriate for the record's physical or electronic form or | 1300 |
characteristic so that the record is permanently irretrievable. | 1301 |
(2) "Official records" has the same meaning as in section | 1302 |
2953.51 of the Revised Code. | 1303 |
(3) "Prosecutor" has the same meaning as in section 2953.31 | 1304 |
of the Revised Code. | 1305 |
(4) "Record of conviction" means the record related to a | 1306 |
conviction of or plea of guilty to an offense. | 1307 |
(B) Any person who is convicted of, was convicted of, pleads | 1308 |
guilty to, or has pleaded guilty to a violation of division (B), | 1309 |
(C), or (E) of section 2923.16 of the Revised Code as the division | 1310 |
existed prior to the effective date of this section and who is | 1311 |
authorized by division (H)(2)(a) of that section to file an | 1312 |
application under this section for the expungement of the | 1313 |
conviction record may apply to the sentencing court for the | 1314 |
expungement of the record of conviction. The person may file the | 1315 |
application at any time on or after the effective date of this | 1316 |
section. The application shall do all of the following: | 1317 |
(1) Identify the applicant, the offense for which the | 1318 |
expungement is sought, the date of the conviction of or plea of | 1319 |
guilty to that offense, and the court in which the conviction | 1320 |
occurred or the plea of guilty was entered; | 1321 |
(2) Include evidence that the offense was a violation of | 1322 |
division (B), (C), or (E) of section 2923.16 of the Revised Code | 1323 |
as the division existed prior to the effective date of this | 1324 |
section and that the applicant is authorized by division (H)(2)(a) | 1325 |
of that section to file an application under this section; | 1326 |
(3) Include a request for expungement of the record of | 1327 |
conviction of that offense under this section. | 1328 |
(C) Upon the filing of an application under division (B) of | 1329 |
this section and the payment of the fee described in division | 1330 |
(D)(3) of this section if applicable, the court shall set a date | 1331 |
for a hearing and shall notify the prosecutor for the case of the | 1332 |
hearing on the application. The prosecutor may object to the | 1333 |
granting of the application by filing an objection with the court | 1334 |
prior to the date set for the hearing. The prosecutor shall | 1335 |
specify in the objection the reasons for believing a denial of the | 1336 |
application is justified. The court shall direct its regular | 1337 |
probation officer, a state probation officer, or the department of | 1338 |
probation of the county in which the applicant resides to make | 1339 |
inquiries and written reports as the court requires concerning the | 1340 |
applicant. The court shall hold the hearing scheduled under this | 1341 |
division. | 1342 |
(D)(1) At the hearing held under division (C) of this | 1343 |
section, the court shall do each of the following: | 1344 |
(a) Determine whether the applicant has been convicted of or | 1345 |
pleaded guilty to a violation of division (E) of section 2923.16 | 1346 |
of the Revised Code as the division existed prior to the effective | 1347 |
date of this section and whether the conduct that was the basis of | 1348 |
the violation no longer would be a violation of that division on | 1349 |
or after the effective date of this section; | 1350 |
(b) Determine whether the applicant has been convicted of or | 1351 |
pleaded guilty to a violation of division (B) or (C) of section | 1352 |
2923.16 of the Revised Code as the division existed prior to the | 1353 |
effective date of this section and whether the conduct that was | 1354 |
the basis of the violation no longer would be a violation of that | 1355 |
division on or after the effective date of this section due to the | 1356 |
application of division (F)(5) of that section as it exists on and | 1357 |
after the effective date of this section; | 1358 |
(c) If the prosecutor has filed an objection in accordance | 1359 |
with division (C) of this section, consider the reasons against | 1360 |
granting the application specified by the prosecutor in the | 1361 |
objection; | 1362 |
(d) Weigh the interests of the applicant in having the | 1363 |
records pertaining to the applicant's conviction or guilty plea | 1364 |
expunged against the legitimate needs, if any, of the government | 1365 |
to maintain those records. | 1366 |
(2)(a) The court may order the expungement of all official | 1367 |
records pertaining to the case and the deletion of all index | 1368 |
references to the case and, if it does order the expungement, | 1369 |
shall send notice of the order to each public office or agency | 1370 |
that the court has reason to believe may have an official record | 1371 |
pertaining to the case if the court, after complying with division | 1372 |
(D)(1) of this section, determines both of the following: | 1373 |
(i) That the applicant has been convicted of or pleaded | 1374 |
guilty to a violation of division (E) of section 2923.16 of the | 1375 |
Revised Code as it existed prior to the effective date of this | 1376 |
section and the conduct that was the basis of the violation no | 1377 |
longer would be a violation of that division on or after the | 1378 |
effective date of this section, or that the applicant has been | 1379 |
convicted of or pleaded guilty to a violation of division (B) or | 1380 |
(C) of section 2923.16 of the Revised Code as the division existed | 1381 |
prior to the effective date of this section and the conduct that | 1382 |
was the basis of the violation no longer would be a violation of | 1383 |
that division on or after the effective date of this section due | 1384 |
to the application of division (F)(5) of that section as it exists | 1385 |
on and after the effective date of this section; | 1386 |
(ii) That the interests of the applicant in having the | 1387 |
records pertaining to the applicant's conviction or guilty plea | 1388 |
expunged are not outweighed by any legitimate needs of the | 1389 |
government to maintain those records. | 1390 |
(b) The proceedings in the case that is the subject of an | 1391 |
order issued under division (D)(2)(a) of this section shall be | 1392 |
considered not to have occurred and the conviction or guilty plea | 1393 |
of the person who is the subject of the proceedings shall be | 1394 |
expunged. The record of the conviction shall not be used for any | 1395 |
purpose, including, but not limited to, a criminal records check | 1396 |
under section 109.572 of the Revised Code or a determination under | 1397 |
section 2923.125 or 2923.1212 of the Revised Code of eligibility | 1398 |
for a license or temporary emergency license to carry a concealed | 1399 |
handgun. The applicant may, and the court shall, reply that no | 1400 |
record exists with respect to the applicant upon any inquiry into | 1401 |
the matter. | 1402 |
(3) Upon the filing of an application under this section, the | 1403 |
applicant, unless indigent, shall pay a fee of fifty dollars. The | 1404 |
court shall pay thirty dollars of the fee into the state treasury | 1405 |
and shall pay twenty dollars of the fee into the county general | 1406 |
revenue fund. | 1407 |
Section 2. That existing sections 2923.121, 2923.125, | 1408 |
2923.128, 2923.16, 2953.321, 2953.33, and 2953.35 of the Revised | 1409 |
Code are hereby repealed. | 1410 |