Bill Text: OH HB129 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To authorize a person to carry a concealed handgun without obtaining a license to the same extent as if the person had obtained such a license, except on liquor permit premises, if the person qualifies for a concealed carry license and is legally permitted to purchase a handgun; to remove the requirements that a concealed carry licensee must be carrying the license in order to carry a concealed handgun, must inform approaching law enforcement officers that the person has a license and is carrying the handgun when the person is carrying a concealed handgun, and must submit a new or renewed competency certification when renewing the license; to eliminate as premises in which a concealed carry licensee may not carry a concealed handgun public or private institutions of higher education, places of worship, day-care centers and homes, and government buildings other than schools, courthouses, law enforcement offices, and correctional facilities; to replace the prohibitions that apply only to a concealed carry licensee who is carrying a handgun in a motor vehicle with a prohibition against a licensee who is in a motor vehicle that is stopped by a law enforcement officer knowingly menacing or threatening an officer with a loaded handgun or knowingly pointing a loaded handgun at an officer; to remove the "in plain sight or secure encasement" criterion that a concealed carry licensee must satisfy to legally possess a handgun in a motor vehicle; and to require a sheriff who issues a renewed concealed carry license to return the expired license to the licensee or destroy it.

Spectrum: Partisan Bill (Republican 20-0)

Status: (Introduced - Dead) 2009-04-08 - To Public Safety & Homeland Security [HB129 Detail]

Download: Ohio-2009-HB129-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 129

Representative Adams, J. 

Cosponsors: Representatives Balderson, Blair, Boose, Bubp, Burke, Combs, Goodwin, Hall, Hite, Huffman, Jordan, Maag, Martin, Mecklenborg, Morgan, Sears, Snitchler, Uecker, Wachtmann 

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A BILL

To amend sections 1547.69, 2923.11, 2923.12,

1

2923.122, 2923.123, 2923.124, 2923.125, 2923.126,

2

2923.128, 2923.1212, 2923.1213, and 2923.16 of

3

the Revised Code to authorize a person to carry

4

a concealed handgun without obtaining a license

5

to the same extent as if the person had obtained

6

such a license, except on liquor permit premises,

7

if the person qualifies for a concealed carry

8

license and is legally permitted to purchase a

9

handgun; to remove the requirements that a

10

concealed carry licensee must be carrying the

11

license in order to carry a concealed handgun,

12

must inform approaching law enforcement officers

13

that the person has a license and is carrying the

14

handgun when the person is carrying a concealed

15

handgun, and must submit a new or renewed

16

competency certification when renewing the

17

license; to eliminate as premises in which a

18

concealed carry licensee may not carry a concealed

19

handgun public or private institutions of higher

20

education, places of worship, day-care centers and

21

homes, and government buildings other than

22

schools, courthouses, law enforcement offices, and

23

correctional facilities; to replace the

24

prohibitions that apply only to a concealed carry

25

licensee who is carrying a handgun in a motor

26

vehicle with a prohibition against a licensee who

27

is in a motor vehicle that is stopped by a law

28

enforcement officer knowingly menacing or

29

threatening an officer with a loaded handgun or

30

knowingly pointing a loaded handgun at an officer;

31

to remove the "in plain sight or secure

32

encasement" criterion that a concealed carry

33

licensee must satisfy to legally possess a handgun

34

in a motor vehicle; and to require a sheriff who

35

issues a renewed concealed carry license to

36

return the expired license to the licensee or

37

destroy it.

38

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

Section 1. That sections 1547.69, 2923.11, 2923.12, 2923.122,	39
2923.123, 2923.124, 2923.125, 2923.126, 2923.128, 2923.1212,	40
2923.1213, and 2923.16 of the Revised Code be amended to read as	41
follows:	42

Sec. 1547.69.  (A) As used in this section:

43

(1) "Firearm," and "handgun," and "qualifies for a license"	44
have the same meanings as in section 2923.11 of the Revised Code.	45

(2) "Unloaded" has the same meaning as in section 2923.16 of	46
the Revised Code.	47

(B) No person shall knowingly discharge a firearm while in or	48
on a vessel.	49

(C) No person shall knowingly transport or have a loaded	50
firearm in a vessel in a manner that the firearm is accessible to	51
the operator or any passenger.	52

(D) No person shall knowingly transport or have a firearm in	53
a vessel unless it is unloaded and is carried in one of the	54
following ways:	55

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

56

(2) In plain sight with the action opened or the weapon	57
stripped, or, if the firearm is of a type on which the action will	58
not stay open or that cannot easily be stripped, in plain sight.	59

(E)(1) The affirmative defenses authorized in divisions	60
(D)(C)(1) and (2) of section 2923.12 of the Revised Code are	61
affirmative defenses to a charge under division (C) or (D) of this	62
section that involves a firearm other than a handgun. It is an	63
affirmative defense to a charge under division (C) or (D) of this	64
section of transporting or having a firearm of any type, including	65
a handgun, in a vessel that the actor transported or had the	66
firearm in the vessel for any lawful purpose and while the vessel	67
was on the actor's own property, provided that this affirmative	68
defense is not available unless the actor, prior to arriving at	69
the vessel on the actor's own property, did not transport or	70
possess the firearm in the vessel or in a motor vehicle in a	71
manner prohibited by this section or division (B) or (C) of	72
section 2923.16 of the Revised Code while the vessel was being	73
operated on a waterway that was not on the actor's own property or	74
while the motor vehicle was being operated on a street, highway,	75
or other public or private property used by the public for	76
vehicular traffic.	77

(2) No person who is charged with a violation of division (C)	78
or (D) of this section shall be required to obtain a license or	79
temporary emergency license to carry a concealed handgun under	80
section 2923.125 or 2923.1213 of the Revised Code as a condition	81
for the dismissal of the charge.	82

(F) Divisions (B), (C), and (D) of this section do not apply	83
to the possession or discharge of a United States coast guard	84
approved signaling device required to be carried aboard a vessel	85
under section 1547.251 of the Revised Code when the signaling	86
device is possessed or used for the purpose of giving a visual	87
distress signal. No person shall knowingly transport or possess	88
any signaling device of that nature in or on a vessel in a loaded	89
condition at any time other than immediately prior to the	90
discharge of the signaling device for the purpose of giving a	91
visual distress signal.	92

(G) No person shall operate or permit to be operated any	93
vessel on the waters in this state in violation of this section.	94

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

95

(a) An officer, agent, or employee of this or any other state	96
or of the United States, or to a law enforcement officer, when	97
authorized to carry or have loaded or accessible firearms in a	98
vessel and acting within the scope of the officer's, agent's, or	99
employee's duties;	100

(b) Any person who is employed in this state, who is	101
authorized to carry or have loaded or accessible firearms in a	102
vessel, and who is subject to and in compliance with the	103
requirements of section 109.801 of the Revised Code, unless the	104
appointing authority of the person has expressly specified that	105
the exemption provided in division (H)(1)(b) of this section does	106
not apply to the person;	107

(c) Any person legally engaged in hunting.

108

(2) Divisions (C) and (D) of this section do not apply to a	109
person who transports or possesses a handgun in a vessel and who,	110
at the time of that transportation or possession, is carrying	111
qualifies for a license or has a valid license or temporary	112
emergency license to carry a concealed handgun issued to the	113
person under section 2923.125 or 2923.1213 of the Revised Code or	114
a license to carry a concealed handgun that was issued by another	115
state with which the attorney general has entered into a	116
reciprocity agreement under section 109.69 of the Revised Code,	117
unless the person knowingly is in a place on the vessel described	118
in division (B) of section 2923.126 of the Revised Code.	119

(I) If a law enforcement officer stops a vessel for a	120
violation of this section or any other law enforcement purpose, if	121
any person on the vessel surrenders a firearm to the officer,	122
either voluntarily or pursuant to a request or demand of the	123
officer, and if the officer does not charge the person with a	124
violation of this section or arrest the person for any offense,	125
the person is not otherwise prohibited by law from possessing the	126
firearm, and the firearm is not contraband, the officer shall	127
return the firearm to the person at the termination of the stop.	128

Sec. 2923.11.  As used in sections 2923.11 to 2923.24 of the	129
Revised Code:	130

(A) "Deadly weapon" means any instrument, device, or thing	131
capable of inflicting death, and designed or specially adapted for	132
use as a weapon, or possessed, carried, or used as a weapon.	133

(B)(1) "Firearm" means any deadly weapon capable of expelling	134
or propelling one or more projectiles by the action of an	135
explosive or combustible propellant. "Firearm" includes an	136
unloaded firearm, and any firearm that is inoperable but that can	137
readily be rendered operable.	138

(2) When determining whether a firearm is capable of	139
expelling or propelling one or more projectiles by the action of	140
an explosive or combustible propellant, the trier of fact may rely	141
upon circumstantial evidence, including, but not limited to, the	142
representations and actions of the individual exercising control	143
over the firearm.	144

(C) "Handgun" means any of the following:

145

(1) Any firearm that has a short stock and is designed to be	146
held and fired by the use of a single hand;	147

(2) Any combination of parts from which a firearm of a type	148
described in division (C)(1) of this section can be assembled.	149

(D) "Semi-automatic firearm" means any firearm designed or	150
specially adapted to fire a single cartridge and automatically	151
chamber a succeeding cartridge ready to fire, with a single	152
function of the trigger.	153

(E) "Automatic firearm" means any firearm designed or	154
specially adapted to fire a succession of cartridges with a single	155
function of the trigger. "Automatic firearm" also means any	156
semi-automatic firearm designed or specially adapted to fire more	157
than thirty-one cartridges without reloading, other than a firearm	158
chambering only .22 caliber short, long, or long-rifle cartridges.	159

(F) "Sawed-off firearm" means a shotgun with a barrel less	160
than eighteen inches long, or a rifle with a barrel less than	161
sixteen inches long, or a shotgun or rifle less than twenty-six	162
inches long overall.	163

(G) "Zip-gun" means any of the following:

164

(1) Any firearm of crude and extemporized manufacture;

165

(2) Any device, including without limitation a starter's	166
pistol, that is not designed as a firearm, but that is specially	167
adapted for use as a firearm;	168

(3) Any industrial tool, signalling device, or safety device,	169
that is not designed as a firearm, but that as designed is capable	170
of use as such, when possessed, carried, or used as a firearm.	171

(H) "Explosive device" means any device designed or specially	172
adapted to cause physical harm to persons or property by means of	173
an explosion, and consisting of an explosive substance or agency	174
and a means to detonate it. "Explosive device" includes without	175
limitation any bomb, any explosive demolition device, any blasting	176
cap or detonator containing an explosive charge, and any pressure	177
vessel that has been knowingly tampered with or arranged so as to	178
explode.	179

(I) "Incendiary device" means any firebomb, and any device	180
designed or specially adapted to cause physical harm to persons or	181
property by means of fire, and consisting of an incendiary	182
substance or agency and a means to ignite it.	183

(J) "Ballistic knife" means a knife with a detachable blade	184
that is propelled by a spring-operated mechanism.	185

(K) "Dangerous ordnance" means any of the following, except	186
as provided in division (L) of this section:	187

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	188
knife;	189

(2) Any explosive device or incendiary device;

190

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	191
cyclonite, TNT, picric acid, and other high explosives; amatol,	192
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	193
explosive compositions; plastic explosives; dynamite, blasting	194
gelatin, gelatin dynamite, sensitized ammonium nitrate,	195
liquid-oxygen blasting explosives, blasting powder, and other	196
blasting agents; and any other explosive substance having	197
sufficient brisance or power to be particularly suitable for use	198
as a military explosive, or for use in mining, quarrying,	199
excavating, or demolitions;	200

(4) Any firearm, rocket launcher, mortar, artillery piece,	201
grenade, mine, bomb, torpedo, or similar weapon, designed and	202
manufactured for military purposes, and the ammunition for that	203
weapon;	204

(5) Any firearm muffler or silencer;

205

(6) Any combination of parts that is intended by the owner	206
for use in converting any firearm or other device into a dangerous	207
ordnance.	208

(L) "Dangerous ordnance" does not include any of the	209
following:	210

(1) Any firearm, including a military weapon and the	211
ammunition for that weapon, and regardless of its actual age, that	212
employs a percussion cap or other obsolete ignition system, or	213
that is designed and safe for use only with black powder;	214

(2) Any pistol, rifle, or shotgun, designed or suitable for	215
sporting purposes, including a military weapon as issued or as	216
modified, and the ammunition for that weapon, unless the firearm	217
is an automatic or sawed-off firearm;	218

(3) Any cannon or other artillery piece that, regardless of	219
its actual age, is of a type in accepted use prior to 1887, has no	220
mechanical, hydraulic, pneumatic, or other system for absorbing	221
recoil and returning the tube into battery without displacing the	222
carriage, and is designed and safe for use only with black powder;	223

(4) Black powder, priming quills, and percussion caps	224
possessed and lawfully used to fire a cannon of a type defined in	225
division (L)(3) of this section during displays, celebrations,	226
organized matches or shoots, and target practice, and smokeless	227
and black powder, primers, and percussion caps possessed and	228
lawfully used as a propellant or ignition device in small-arms or	229
small-arms ammunition;	230

(5) Dangerous ordnance that is inoperable or inert and cannot	231
readily be rendered operable or activated, and that is kept as a	232
trophy, souvenir, curio, or museum piece.	233

(6) Any device that is expressly excepted from the definition	234
of a destructive device pursuant to the "Gun Control Act of 1968,"	235
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	236
issued under that act.	237

(M) "Explosive" means any chemical compound, mixture, or	238
device, the primary or common purpose of which is to function by	239
explosion. "Explosive" includes all materials that have been	240
classified as division 1.1, division 1.2, division 1.3, or	241
division 1.4 explosives by the United States department of	242
transportation in its regulations and includes, but is not	243
limited to, dynamite, black powder, pellet powders, initiating	244
explosives, blasting caps, electric blasting caps, safety fuses,	245
fuse igniters, squibs, cordeau detonant fuses, instantaneous	246
fuses, and igniter cords and igniters. "Explosive" does not	247
include "fireworks," as defined in section 3743.01 of the Revised	248
Code, or any substance or material otherwise meeting the	249
definition of explosive set forth in this section that is	250
manufactured, sold, possessed, transported, stored, or used in	251
any activity described in section 3743.80 of the Revised Code,	252
provided the activity is conducted in accordance with all	253
applicable laws, rules, and regulations, including, but not	254
limited to, the provisions of section 3743.80 of the Revised Code	255
and the rules of the fire marshal adopted pursuant to section	256
3737.82 of the Revised Code.	257

(N) "Qualifies for a license" means not having a license	258
issued under section 2923.125 of the Revised Code or a temporary	259
emergency license issued under section 2923.1213 of the Revised	260
Code but being legally permitted to purchase a firearm under the	261
laws of this state and the United States and meeting all the	262
requirements for a license to carry a concealed handgun under	263
division (D)(1)(a) to (m) of section 2923.125 of the Revised	264
Code. A person meets the requirement for a license that is	265
specified in division (D)(1)(l) of section 2923.125 of the	266
Revised Code if the person has a competency certification of any	267
type described in division (B)(3) of that section, regardless of	268
when the certification was issued, and the person has read the	269
pamphlet described in division (B)(4) of that section, regardless	270
of whether the person has submitted to another person	271
certifications of the types described in divisions (B)(3) and (4)	272
of that section. For purposes of this division, a period of time	273
specified in division (D)(1) of that section that is measured	274
from the date of application shall be measured from the current	275
date.	276

Sec. 2923.12.  (A) No person shall knowingly carry or have,	277
concealed on the person's person or concealed ready at hand, any	278
of the following:	279

(1) A deadly weapon other than a handgun;

280

(2) A handgun other than a dangerous ordnance;

281

(3) A dangerous ordnance.

282

(B) No person who has been issued a license or temporary	283
emergency license to carry a concealed handgun under section	284
2923.125 or 2923.1213 of the Revised Code or a license to carry a	285
concealed handgun that was issued by another state with which the	286
attorney general has entered into a reciprocity agreement under	287
section 109.69 of the Revised Code shall do any of the following:	288

(1) If the person is stopped for a law enforcement purpose	289
and is carrying a concealed handgun, fail to promptly inform any	290
law enforcement officer who approaches the person after the person	291
has been stopped that the person has been issued a license or	292
temporary emergency license to carry a concealed handgun and that	293
the person then is carrying a concealed handgun;	294

(2) If the person is stopped for a law enforcement purpose	295
and if the person is carrying a concealed handgun, knowingly fail	296
to keep the person's hands in plain sight at any time after any	297
law enforcement officer begins approaching the person while	298
stopped and before the law enforcement officer leaves, unless the	299
failure is pursuant to and in accordance with directions given by	300
a law enforcement officer;	301

(3) If the person is stopped for a law enforcement purpose,	302
if the person is carrying a concealed handgun, and if the person	303
is approached by any law enforcement officer while stopped,	304
knowingly remove or attempt to remove the loaded handgun from the	305
holster, pocket, or other place in which the person is carrying	306
it, knowingly grasp or hold the loaded handgun, or knowingly have	307
contact with the loaded handgun by touching it with the person's	308
hands or fingers at any time after the law enforcement officer	309
begins approaching and before the law enforcement officer leaves,	310
unless the person removes, attempts to remove, grasps, holds, or	311
has contact with the loaded handgun pursuant to and in accordance	312
with directions given by the law enforcement officer;	313

(4) If the person is stopped for a law enforcement purpose	314
and if the person is carrying a concealed handgun, knowingly	315
disregard or fail to comply with any lawful order of any law	316
enforcement officer given while the person is stopped, including,	317
but not limited to, a specific order to the person to keep the	318
person's hands in plain sight.	319

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

320

(a) An officer, agent, or employee of this or any other state	321
or the United States, or to a law enforcement officer, who is	322
authorized to carry concealed weapons or dangerous ordnance or is	323
authorized to carry handguns and is acting within the scope of the	324
officer's, agent's, or employee's duties;	325

(b) Any person who is employed in this state, who is	326
authorized to carry concealed weapons or dangerous ordnance or is	327
authorized to carry handguns, and who is subject to and in	328
compliance with the requirements of section 109.801 of the Revised	329
Code, unless the appointing authority of the person has expressly	330
specified that the exemption provided in division (C)(B)(1)(b) of	331
this section does not apply to the person;	332

(c) A person's transportation or storage of a firearm, other	333
than a firearm described in divisions (G) to (M) of section	334
2923.11 of the Revised Code, in a motor vehicle for any lawful	335
purpose if the firearm is not on the actor's person;	336

(d) A person's storage or possession of a firearm, other than	337
a firearm described in divisions (G) to (M) of section 2923.11 of	338
the Revised Code, in the actor's own home for any lawful purpose.	339

(2) Division (A)(2) of this section does not apply to any	340
person who, at the time of the alleged carrying or possession of a	341
handgun, is carryingqualifies for a license or has a valid	342
license or temporary emergency license to carry a concealed	343
handgun issued to the person under section 2923.125 or 2923.1213	344
of the Revised Code or a license to carry a concealed handgun	345
that was issued by another state with which the attorney general	346
has entered into a reciprocity agreement under section 109.69 of	347
the Revised Code, unless the person knowingly is in a place	348
described in division (B) of section 2923.126 of the Revised Code.	349

(D)(C) It is an affirmative defense to a charge under	350
division (A)(1) of this section of carrying or having control of	351
a weapon other than a handgun and other than a dangerous ordnance	352
that the actor was not otherwise prohibited by law from having	353
the weapon and that any of the following applies:	354

(1) The weapon was carried or kept ready at hand by the actor	355
for defensive purposes while the actor was engaged in or was going	356
to or from the actor's lawful business or occupation, which	357
business or occupation was of a character or was necessarily	358
carried on in a manner or at a time or place as to render the	359
actor particularly susceptible to criminal attack, such as would	360
justify a prudent person in going armed.	361

(2) The weapon was carried or kept ready at hand by the actor	362
for defensive purposes while the actor was engaged in a lawful	363
activity and had reasonable cause to fear a criminal attack upon	364
the actor, a member of the actor's family, or the actor's home,	365
such as would justify a prudent person in going armed.	366

(3) The weapon was carried or kept ready at hand by the actor	367
for any lawful purpose and while in the actor's own home.	368

(E)(D) No person who is charged with a violation of this	369
section shall be required to obtain a competency certification or	370
a license or temporary emergency license to carry a concealed	371
handgun under section 2923.125 or 2923.1213 of the Revised Code	372
as a condition for the dismissal of the charge.	373

(F)(E)(1) Whoever violates this section is guilty of carrying	374
concealed weapons. Except as otherwise provided in this division	375
or division (F)(2) of this section, carrying concealed weapons in	376
violation of division (A) of this section is a misdemeanor of the	377
first degree. Except as otherwise provided in this division or	378
division (F)(2) of this section, if the offender previously has	379
been convicted of a violation of this section or of any offense of	380
violence, if the weapon involved is a firearm that is either	381
loaded or for which the offender has ammunition ready at hand, or	382
if the weapon involved is dangerous ordnance, carrying concealed	383
weapons in violation of division (A) of this section is a felony	384
of the fourth degree. Except as otherwise provided in division	385
(F)(2) of this section, ifIf the offense is committed aboard an	386
aircraft, or with purpose to carry a concealed weapon aboard an	387
aircraft, regardless of the weapon involved, carrying concealed	388
weapons in violation of division (A) of this section is a felony	389
of the third degree.	390

(2) If a person being arrested for a violation of division	391
(A)(2) of this section promptly produces a competency	392
certification, in the case of a person who qualifies for a	393
license, or a valid license or temporary emergency license to	394
carry a concealed handgun issued under section 2923.125 or	395
2923.1213 of the Revised Code or a license to carry a concealed	396
handgun that was issued by another state with which the attorney	397
general has entered into a reciprocity agreement under section	398
109.69 of the Revised Code, and if at the time of the violation	399
the person was not knowingly in a place described in division (B)	400
of section 2923.126 of the Revised Code, the officer shall not	401
arrest the person for a violation of that division. If the person	402
is not able to promptly produce any of those types of license and	403
if the person is not in a place described in that section, the	404
officer may arrest the person for a violation of that division,	405
and the offender shall be punished as follows:	406

(a) The offender shall be guilty of a minor misdemeanor if	407
both of the following apply:	408

(i) Within ten days after the arrest, the offender presents a	409
license or temporary emergency license to carry a concealed	410
handgun issued under section 2923.125 or 2923.1213 of the Revised	411
Code or a license to carry a concealed handgun that was issued by	412
another state with which the attorney general has entered into a	413
reciprocity agreement under section 109.69 of the Revised Code,	414
which license was valid at the time of the arrest to the law	415
enforcement agency that employs the arresting officer.	416

(ii) At the time of the arrest, the offender was not	417
knowingly in a place described in division (B) of section 2923.126	418
of the Revised Code.	419

(b) The offender shall be guilty of a misdemeanor and shall	420
be fined five hundred dollars if all of the following apply:	421

(i) The offender previously had been issued a license to	422
carry a concealed handgun under section 2923.125 of the Revised	423
Code or a license to carry a concealed handgun that was issued by	424
another state with which the attorney general has entered into a	425
reciprocity agreement under section 109.69 of the Revised Code and	426
that was similar in nature to a license issued under section	427
2923.125 of the Revised Code, and that license expired within the	428
two years immediately preceding the arrest.	429

(ii) Within forty-five days after the arrest, the offender	430
presents any type of license identified in division (F)(2)(a)(i)	431
of this section to the law enforcement agency that employed the	432
arresting officer, and the offender waives in writing the	433
offender's right to a speedy trial on the charge of the violation	434
that is provided in section 2945.71 of the Revised Code.	435

(iii) At the time of the commission of the offense, the	436
offender was not knowingly in a place described in division (B) of	437
section 2923.126 of the Revised Code.	438

(c) If neither division (F)(2)(a) nor (b) of this section	439
applies, the offender shall be punished under division (F)(1) of	440
this section.	441

(3) Except as otherwise provided in this division, carrying	442
concealed weapons in violation of division (B)(1) of this section	443
is a misdemeanor of the first degree, and, in addition to any	444
other penalty or sanction imposed for a violation of division	445
(B)(1) of this section, the offender's license or temporary	446
emergency license to carry a concealed handgun shall be suspended	447
pursuant to division (A)(2) of section 2923.128 of the Revised	448
Code. If, at the time of the stop of the offender for a law	449
enforcement purpose that was the basis of the violation, any law	450
enforcement officer involved with the stop had actual knowledge	451
that the offender has been issued a license or temporary	452
emergency license to carry a concealed handgun, carrying	453
concealed weapons in violation of division (B)(1) of this	454
section is a minor misdemeanor, and the offender's license or	455
temporary emergency license to carry a concealed handgun shall	456
not be suspended pursuant to division (A)(2) of section 2923.128	457
of the Revised Code.	458

(4) Carrying concealed weapons in violation of division	459
(B)(2) or (4) of this section is a misdemeanor of the first degree	460
or, if the offender previously has been convicted of or pleaded	461
guilty to a violation of division (B)(2) or (4) of this section, a	462
felony of the fifth degree. In addition to any other penalty or	463
sanction imposed for a misdemeanor violation of division (B)(2) or	464
(4) of this section, the offender's license or temporary	465
emergency license to carry a concealed handgun shall be suspended	466
pursuant to division (A)(2) of section 2923.128 of the Revised	467
Code.	468

(5) Carrying concealed weapons in violation of division	469
(B)(3) of this section is a felony of the fifth degree.	470

(G)(F) If a law enforcement officer stops a person to	471
question the person regarding a possible violation of this	472
section, for a traffic stop, or for any other law enforcement	473
purpose, if the person surrenders a firearm to the officer,	474
either voluntarily or pursuant to a request or demand of the	475
officer, and if the officer does not charge the person with a	476
violation of this section or arrest the person for any offense,	477
the person is not otherwise prohibited by law from possessing the	478
firearm, and the firearm is not contraband, the officer shall	479
return the firearm to the person at the termination of the stop.	480
If a court orders a law enforcement officer to return a firearm	481
to a person pursuant to the requirement set forth in this	482
division, division (B) of section 2923.163 of the Revised Code	483
applies.	484

Sec. 2923.122.  (A) No person shall knowingly convey, or	485
attempt to convey, a deadly weapon or dangerous ordnance into a	486
school safety zone.	487

(B) No person shall knowingly possess a deadly weapon or	488
dangerous ordnance in a school safety zone.	489

(C) No person shall knowingly possess an object in a school	490
safety zone if both of the following apply:	491

(1) The object is indistinguishable from a firearm, whether	492
or not the object is capable of being fired.	493

(2) The person indicates that the person possesses the object	494
and that it is a firearm, or the person knowingly displays or	495
brandishes the object and indicates that it is a firearm.	496

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

497

(a) An officer, agent, or employee of this or any other state	498
or the United States, or a law enforcement officer, who is	499
authorized to carry deadly weapons or dangerous ordnance and is	500
acting within the scope of the officer's, agent's, or employee's	501
duties, a security officer employed by a board of education or	502
governing body of a school during the time that the security	503
officer is on duty pursuant to that contract of employment, or	504
any other person who has written authorization from the board of	505
education or governing body of a school to convey deadly weapons	506
or dangerous ordnance into a school safety zone or to possess a	507
deadly weapon or dangerous ordnance in a school safety zone and	508
who conveys or possesses the deadly weapon or dangerous ordnance	509
in accordance with that authorization;	510

(b) Any person who is employed in this state, who is	511
authorized to carry deadly weapons or dangerous ordnance, and who	512
is subject to and in compliance with the requirements of section	513
109.801 of the Revised Code, unless the appointing authority of	514
the person has expressly specified that the exemption provided in	515
division (D)(1)(b) of this section does not apply to the person.	516

(2) Division (C) of this section does not apply to premises	517
upon which home schooling is conducted. Division (C) of this	518
section also does not apply to a school administrator, teacher, or	519
employee who possesses an object that is indistinguishable from a	520
firearm for legitimate school purposes during the course of	521
employment, a student who uses an object that is indistinguishable	522
from a firearm under the direction of a school administrator,	523
teacher, or employee, or any other person who with the express	524
prior approval of a school administrator possesses an object that	525
is indistinguishable from a firearm for a legitimate purpose,	526
including the use of the object in a ceremonial activity, a play,	527
reenactment, or other dramatic presentation, or a ROTC activity or	528
another similar use of the object.	529

(3) This section does not apply to a person who conveys or	530
attempts to convey a handgun into, or possesses a handgun in, a	531
school safety zone if, at the time of that conveyance, attempted	532
conveyance, or possession of the handgun, all of the following	533
apply:	534

(a) The person does not enter into a school building or onto	535
school premises and is not at a school activity.	536

(b) The person is carryingqualifies for a license or has a	537
valid license or temporary emergency license to carry a concealed	538
handgun issued to the person under section 2923.125 or 2923.1213	539
of the Revised Code or a license to carry a concealed handgun	540
that was issued by another state with which the attorney general	541
has entered into a reciprocity agreement under section 109.69 of	542
the Revised Code.	543

(c) The person is in the school safety zone in accordance	544
with 18 U.S.C. 922(q)(2)(B).	545

(d) The person is not knowingly in a place described in	546
division (B)(1) or (B)(3) to (10)(6) of section 2923.126 of the	547
Revised Code.	548

(4) This section does not apply to a person who conveys or	549
attempts to convey a handgun into, or possesses a handgun in, a	550
school safety zone if at the time of that conveyance, attempted	551
conveyance, or possession of the handgun all of the following	552
apply:	553

(a) The person is carryingqualifies for a license or has a	554
valid license or temporary emergency license to carry a	555
concealed handgun issued to the person under section 2923.125 or	556
2923.1213 of the Revised Code or a license to carry a concealed	557
handgun that was issued by another state with which the attorney	558
general has entered into a reciprocity agreement under section	559
109.69 of the Revised Code.	560

(b) The person is the driver or passenger in a motor vehicle	561
and is in the school safety zone while immediately in the process	562
of picking up or dropping off a child.	563

(c) The person is not in violation of section 2923.16 of the	564
Revised Code.	565

(E)(1) Whoever violates division (A) or (B) of this section	566
is guilty of illegal conveyance or possession of a deadly weapon	567
or dangerous ordnance in a school safety zone. Except as	568
otherwise provided in this division, illegal conveyance or	569
possession of a deadly weapon or dangerous ordnance in a school	570
safety zone is a felony of the fifth degree. If the offender	571
previously has been convicted of a violation of this section,	572
illegal conveyance or possession of a deadly weapon or dangerous	573
ordnance in a school safety zone is a felony of the fourth degree.	574

(2) Whoever violates division (C) of this section is guilty	575
of illegal possession of an object indistinguishable from a	576
firearm in a school safety zone. Except as otherwise provided in	577
this division, illegal possession of an object indistinguishable	578
from a firearm in a school safety zone is a misdemeanor of the	579
first degree. If the offender previously has been convicted of a	580
violation of this section, illegal possession of an object	581
indistinguishable from a firearm in a school safety zone is a	582
felony of the fifth degree.	583

(F)(1) In addition to any other penalty imposed upon a person	584
who is convicted of or pleads guilty to a violation of this	585
section and subject to division (F)(2) of this section, if the	586
offender has not attained nineteen years of age, regardless of	587
whether the offender is attending or is enrolled in a school	588
operated by a board of education or for which the state board of	589
education prescribes minimum standards under section 3301.07 of	590
the Revised Code, the court shall impose upon the offender a class	591
four suspension of the offender's probationary driver's license,	592
restricted license, driver's license, commercial driver's license,	593
temporary instruction permit, or probationary commercial driver's	594
license that then is in effect from the range specified in	595
division (A)(4) of section 4510.02 of the Revised Code and shall	596
deny the offender the issuance of any permit or license of that	597
type during the period of the suspension.	598

If the offender is not a resident of this state, the court	599
shall impose a class four suspension of the nonresident operating	600
privilege of the offender from the range specified in division	601
(A)(4) of section 4510.02 of the Revised Code.	602

(2) If the offender shows good cause why the court should not	603
suspend one of the types of licenses, permits, or privileges	604
specified in division (F)(1) of this section or deny the issuance	605
of one of the temporary instruction permits specified in that	606
division, the court in its discretion may choose not to impose the	607
suspension, revocation, or denial required in that division.	608

(G) As used in this section, "object that is	609
indistinguishable from a firearm" means an object made,	610
constructed, or altered so that, to a reasonable person without	611
specialized training in firearms, the object appears to be a	612
firearm.	613

Sec. 2923.123.  (A) No person shall knowingly convey or	614
attempt to convey a deadly weapon or dangerous ordnance into a	615
courthouse or into another building or structure in which a	616
courtroom is located.	617

(B) No person shall knowingly possess or have under the	618
person's control a deadly weapon or dangerous ordnance in a	619
courthouse or in another building or structure in which a	620
courtroom is located.	621

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

622

(1) Except as provided in division (E) of this section, a	623
judge of a court of record of this state or a magistrate;	624

(2) A peace officer, officer of a law enforcement agency, or	625
person who is in either of the following categories:	626

(a) Except as provided in division (E) of this section, a	627
peace officer, or an officer of a law enforcement agency of	628
another state, a political subdivision of another state, or the	629
United States, who is authorized to carry a deadly weapon or	630
dangerous ordnance, who possesses or has under that individual's	631
control a deadly weapon or dangerous ordnance as a requirement of	632
that individual's duties, and who is acting within the scope of	633
that individual's duties at the time of that possession or	634
control;	635

(b) Except as provided in division (E) of this section, a	636
person who is employed in this state, who is authorized to carry a	637
deadly weapon or dangerous ordnance, who possesses or has under	638
that individual's control a deadly weapon or dangerous ordnance as	639
a requirement of that person's duties, and who is subject to and	640
in compliance with the requirements of section 109.801 of the	641
Revised Code, unless the appointing authority of the person has	642
expressly specified that the exemption provided in division	643
(C)(2)(b) of this section does not apply to the person.	644

(3) A person who conveys, attempts to convey, possesses, or	645
has under the person's control a deadly weapon or dangerous	646
ordnance that is to be used as evidence in a pending criminal or	647
civil action or proceeding;	648

(4) Except as provided in division (E) of this section, a	649
bailiff or deputy bailiff of a court of record of this state who	650
is authorized to carry a firearm pursuant to section 109.77 of the	651
Revised Code, who possesses or has under that individual's control	652
a firearm as a requirement of that individual's duties, and who is	653
acting within the scope of that individual's duties at the time of	654
that possession or control;	655

(5) Except as provided in division (E) of this section, a	656
prosecutor, or a secret service officer appointed by a county	657
prosecuting attorney, who is authorized to carry a deadly weapon	658
or dangerous ordnance in the performance of the individual's	659
duties, who possesses or has under that individual's control a	660
deadly weapon or dangerous ordnance as a requirement of that	661
individual's duties, and who is acting within the scope of that	662
individual's duties at the time of that possession or control;	663

(6) Except as provided in division (E) of this section, a	664
person who conveys or attempts to convey a handgun into a	665
courthouse or into another building or structure in which a	666
courtroom is located, who, at the time of the conveyance or	667
attempt, is carryingqualifies for a license or has a valid	668
license or temporary emergency license to carry a concealed	669
handgun issued to the person under section 2923.125 or 2923.1213	670
of the Revised Code or a license to carry a concealed handgun that	671
was issued by another state with which the attorney general has	672
entered into a reciprocity agreement under section 109.69 of the	673
Revised Code, and who transfers possession of the handgun to the	674
officer or officer's designee who has charge of the courthouse or	675
building. The officer shall secure the handgun until the licensee	676
or person who qualifies for a license is prepared to leave the	677
premises. The exemption described in this division applies only	678
if the officer who has charge of the courthouse or building	679
provides services of the nature described in this division. An	680
officer who has charge of the courthouse or building is not	681
required to offer services of the nature described in this	682
division.	683

(D)(1) Whoever violates division (A) of this section is	684
guilty of illegal conveyance of a deadly weapon or dangerous	685
ordnance into a courthouse. Except as otherwise provided in this	686
division, illegal conveyance of a deadly weapon or dangerous	687
ordnance into a courthouse is a felony of the fifth degree. If the	688
offender previously has been convicted of a violation of division	689
(A) or (B) of this section, illegal conveyance of a deadly weapon	690
or dangerous ordnance into a courthouse is a felony of the fourth	691
degree.	692

(2) Whoever violates division (B) of this section is guilty	693
of illegal possession or control of a deadly weapon or dangerous	694
ordnance in a courthouse. Except as otherwise provided in this	695
division, illegal possession or control of a deadly weapon or	696
dangerous ordnance in a courthouse is a felony of the fifth	697
degree. If the offender previously has been convicted of a	698
violation of division (A) or (B) of this section, illegal	699
possession or control of a deadly weapon or dangerous ordnance in	700
a courthouse is a felony of the fourth degree.	701

(E) The exemptions described in divisions (C)(1), (2)(a),	702
(2)(b), (4), (5), and (6) of this section do not apply to any	703
judge, magistrate, peace officer, officer of a law enforcement	704
agency, bailiff, deputy bailiff, prosecutor, secret service	705
officer, or other person described in any of those divisions if a	706
rule of superintendence or another type of rule adopted by the	707
supreme court pursuant to Article IV, Ohio Constitution, or an	708
applicable local rule of court prohibits all persons from	709
conveying or attempting to convey a deadly weapon or dangerous	710
ordnance into a courthouse or into another building or structure	711
in which a courtroom is located or from possessing or having under	712
one's control a deadly weapon or dangerous ordnance in a	713
courthouse or in another building or structure in which a	714
courtroom is located.	715

(F) As used in this section:

716

(1) "Magistrate" means an individual who is appointed by a	717
court of record of this state and who has the powers and may	718
perform the functions specified in Civil Rule 53, Criminal Rule	719
19, or Juvenile Rule 40.	720

(2) "Peace officer" and "prosecutor" have the same meanings	721
as in section 2935.01 of the Revised Code.	722

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	723
the Revised Code:	724

(A) "Application form" means the application form prescribed	725
pursuant to division (A)(1) of section 109.731 of the Revised Code	726
and includes a copy of that form.	727

(B) "Competency certification" and "competency certificate"	728
mean a document of the type described in division (B)(3) of	729
section 2923.125 of the Revised Code.	730

(C) "Detention facility" has the same meaning as in section	731
2921.01 of the Revised Code.	732

(D) "Licensee" means a person to whom a license to carry a	733
concealed handgun has been issued under section 2923.125 of the	734
Revised Code and, except when the context clearly indicates	735
otherwise, includes a person to whom a temporary emergency license	736
to carry a concealed handgun has been issued under section	737
2923.1213 of the Revised Code.	738

(E) "License fee" or "license renewal fee" means the fee for	739
a license to carry a concealed handgun or the fee to renew that	740
license that is prescribed pursuant to division (C) of section	741
109.731 of the Revised Code and that is to be paid by an applicant	742
for a license of that type.	743

(F) "Peace officer" has the same meaning as in section	744
2935.01 of the Revised Code.	745

(G) "State correctional institution" has the same meaning as	746
in section 2967.01 of the Revised Code.	747

(H) "Valid license" means a license or temporary emergency	748
license to carry a concealed handgun that has been issued under	749
section 2923.125 or 2923.1213 of the Revised Code, that is	750
currently valid, that is not under a suspension under division	751
(A)(1) of section 2923.128 or under section 2923.1213 of the	752
Revised Code, and that has not been revoked under division (B)(1)	753
of section 2923.128 or under section 2923.1213 of the Revised	754
Code.	755

(I) "Civil protection order" means a protection order issued,	756
or consent agreement approved, under section 2903.214 or 3113.31	757
of the Revised Code.	758

(J) "Temporary protection order" means a protection order	759
issued under section 2903.213 or 2919.26 of the Revised Code.	760

(K) "Protection order issued by a court of another state" has	761
the same meaning as in section 2919.27 of the Revised Code.	762

(L) "Child day-care center," "type A family day-care home"	763
and "type B family day-care home" have the same meanings as in	764
section 5104.01 of the Revised Code.	765

(M) "Type C family day-care home" means a family day-care	766
home authorized to provide child care by Sub. H.B. 62 of the 121st	767
general assembly, as amended by Am. Sub. S.B. 160 of the 121st	768
general assembly and Sub. H.B. 407 of the 123rd general assembly.	769

(N) "Foreign air transportation," "interstate air	770
transportation," and "intrastate air transportation" have the same	771
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	772

(O) "Commercial motor vehicle" has the same meaning as in	773
division (A) of section 4506.25 of the Revised Code.	774

(P) "Motor carrier enforcement unit" has the same meaning as	775
in section 2923.16 of the Revised Code.	776

Sec. 2923.125.  (A) Upon the request of a person who wishes	777
to obtain a license to carry a concealed handgun or to renew a	778
license to carry a concealed handgun, a sheriff, as provided in	779
division (I) of this section, shall provide to the person free of	780
charge an application form and a copy of the pamphlet described in	781
division (B) of section 109.731 of the Revised Code. A sheriff	782
shall accept a completed application form and the fee, items,	783
materials, and information specified in divisions (B)(1) to (5) of	784
this section at the times and in the manners described in division	785
(I) of this section.	786

(B) An applicant for a license to carry a concealed handgun	787
shall submit a completed application form and all of the following	788
to the sheriff of the county in which the applicant resides or to	789
the sheriff of any county adjacent to the county in which the	790
applicant resides:	791

(1) A nonrefundable license fee prescribed by the Ohio peace	792
officer training commission pursuant to division (C) of section	793
109.731 of the Revised Code, except that the sheriff shall waive	794
the payment of the license fee in connection with an initial or	795
renewal application for a license that is submitted by an	796
applicant who is a retired peace officer, a retired person	797
described in division (B)(1)(b) of section 109.77 of the Revised	798
Code, or a retired federal law enforcement officer who, prior to	799
retirement, was authorized under federal law to carry a firearm in	800
the course of duty, unless the retired peace officer, person, or	801
federal law enforcement officer retired as the result of a mental	802
disability;	803

(2) A color photograph of the applicant that was taken within	804
thirty days prior to the date of the application;	805

(3) One or more of the following competency certifications,	806
each of which shall reflect that, regarding a certification	807
described in division (B)(3)(a), (b), (c), (e), or (f) of this	808
section, within the three years immediately preceding the	809
application the applicant has performed that to which the	810
competency certification relates and that, regarding a	811
certification described in division (B)(3)(d) of this section, the	812
applicant currently is an active or reserve member of the armed	813
forces of the United States or within the six years immediately	814
preceding the application the honorable discharge or retirement to	815
which the competency certification relates occurred:	816

(a) An original or photocopy of a certificate of completion	817
of a firearms safety, training, or requalification or firearms	818
safety instructor course, class, or program that was offered by or	819
under the auspices of the national rifle association and that	820
complies with the requirements set forth in division (G) of this	821
section;	822

(b) An original or photocopy of a certificate of completion	823
of a firearms safety, training, or requalification or firearms	824
safety instructor course, class, or program that satisfies all of	825
the following criteria:	826

(i) It was open to members of the general public.

827

(ii) It utilized qualified instructors who were certified by	828
the national rifle association, the executive director of the Ohio	829
peace officer training commission pursuant to section 109.75 or	830
109.78 of the Revised Code, or a governmental official or entity	831
of another state.	832

(iii) It was offered by or under the auspices of a law	833
enforcement agency of this or another state or the United States,	834
a public or private college, university, or other similar	835
postsecondary educational institution located in this or another	836
state, a firearms training school located in this or another	837
state, or another type of public or private entity or organization	838
located in this or another state.	839

(iv) It complies with the requirements set forth in division	840
(G) of this section.	841

(c) An original or photocopy of a certificate of completion	842
of a state, county, municipal, or department of natural resources	843
peace officer training school that is approved by the executive	844
director of the Ohio peace officer training commission pursuant to	845
section 109.75 of the Revised Code and that complies with the	846
requirements set forth in division (G) of this section, or the	847
applicant has satisfactorily completed and been issued a	848
certificate of completion of a basic firearms training program, a	849
firearms requalification training program, or another basic	850
training program described in section 109.78 or 109.801 of the	851
Revised Code that complies with the requirements set forth in	852
division (G) of this section;	853

(d) A document that evidences both of the following:

854

(i) That the applicant is an active or reserve member of the	855
armed forces of the United States, was honorably discharged from	856
military service in the active or reserve armed forces of the	857
United States, is a retired trooper of the state highway patrol,	858
or is a retired peace officer or federal law enforcement officer	859
described in division (B)(1) of this section or a retired person	860
described in division (B)(1)(b) of section 109.77 of the Revised	861
Code and division (B)(1) of this section;	862

(ii) That, through participation in the military service or	863
through the former employment described in division (B)(3)(d)(i)	864
of this section, the applicant acquired experience with handling	865
handguns or other firearms, and the experience so acquired was	866
equivalent to training that the applicant could have acquired in a	867
course, class, or program described in division (B)(3)(a), (b), or	868
(c) of this section.	869

(e) A certificate or another similar document that evidences	870
satisfactory completion of a firearms training, safety, or	871
requalification or firearms safety instructor course, class, or	872
program that is not otherwise described in division (B)(3)(a),	873
(b), (c), or (d) of this section, that was conducted by an	874
instructor who was certified by an official or entity of the	875
government of this or another state or the United States or by the	876
national rifle association, and that complies with the	877
requirements set forth in division (G) of this section;	878

(f) An affidavit that attests to the applicant's satisfactory	879
completion of a course, class, or program described in division	880
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	881
by the applicant's instructor or an authorized representative of	882
the entity that offered the course, class, or program or under	883
whose auspices the course, class, or program was offered.	884

(4) A certification by the applicant that the applicant has	885
read the pamphlet prepared by the Ohio peace officer training	886
commission pursuant to section 109.731 of the Revised Code that	887
reviews firearms, dispute resolution, and use of deadly force	888
matters.	889

(5) A set of fingerprints of the applicant provided as	890
described in section 311.41 of the Revised Code through use of an	891
electronic fingerprint reading device or, if the sheriff to whom	892
the application is submitted does not possess and does not have	893
ready access to the use of such a reading device, on a standard	894
impression sheet prescribed pursuant to division (C)(2) of section	895
109.572 of the Revised Code.	896

(C) Upon receipt of an applicant's completed application	897
form, supporting documentation, and, if not waived, license fee, a	898
sheriff, in the manner specified in section 311.41 of the Revised	899
Code, shall conduct or cause to be conducted the criminal records	900
check and the incompetency records check described in section	901
311.41 of the Revised Code.	902

(D)(1) Except as provided in division (D)(3) or (4) of this	903
section, within forty-five days after a sheriff's receipt of an	904
applicant's completed application form for a license to carry a	905
concealed handgun, the supporting documentation, and, if not	906
waived, the license fee, the sheriff shall make available through	907
the law enforcement automated data system in accordance with	908
division (H) of this section the information described in that	909
division and, upon making the information available through the	910
system, shall issue to the applicant a license to carry a	911
concealed handgun that shall expire as described in division	912
(D)(2)(a) of this section if all of the following apply:	913

(a) The applicant is legally living in the United States, has	914
been a resident of this state for at least forty-five days, and	915
has been a resident of the county in which the person seeks the	916
license or a county adjacent to the county in which the person	917
seeks the license for at least thirty days. For purposes of	918
division (D)(1)(a) of this section:	919

(i) If a person is absent from the United States, from this	920
state, or from a particular county in this state in compliance	921
with military or naval orders as an active or reserve member of	922
the armed forces of the United States and if prior to leaving this	923
state in compliance with those orders the person was legally	924
living in the United States and was a resident of this state, the	925
person, solely by reason of that absence, shall not be considered	926
to have lost the person's status as living in the United States or	927
the person's residence in this state or in the county in which the	928
person was a resident prior to leaving this state in compliance	929
with those orders, without regard to whether or not the person	930
intends to return to this state or to that county, shall not be	931
considered to have acquired a residence in any other state, and	932
shall not be considered to have become a resident of any other	933
state.	934

(ii) If a person is present in this state in compliance with	935
military or naval orders as an active or reserve member of the	936
armed forces of the United States for at least forty-five days,	937
the person shall be considered to have been a resident of this	938
state for that period of at least forty-five days, and, if a	939
person is present in a county of this state in compliance with	940
military or naval orders as an active or reserve member of the	941
armed forces of the United States for at least thirty days, the	942
person shall be considered to have been a resident of that county	943
for that period of at least thirty days.	944

(b) The applicant is at least twenty-one years of age.

945

(c) The applicant is not a fugitive from justice.

946

(d) The applicant is not under indictment for or otherwise	947
charged with a felony; an offense under Chapter 2925., 3719., or	948
4729. of the Revised Code that involves the illegal possession,	949
use, sale, administration, or distribution of or trafficking in a	950
drug of abuse; a misdemeanor offense of violence; or a violation	951
of section 2903.14 or 2923.1211 of the Revised Code.	952

(e) Except as otherwise provided in division (D)(5) of this	953
section, the applicant has not been convicted of or pleaded	954
guilty to a felony or an offense under Chapter 2925., 3719., or	955
4729. of the Revised Code that involves the illegal possession,	956
use, sale, administration, or distribution of or trafficking in a	957
drug of abuse; has not been adjudicated a delinquent child for	958
committing an act that if committed by an adult would be a felony	959
or would be an offense under Chapter 2925., 3719., or 4729. of	960
the Revised Code that involves the illegal possession, use, sale,	961
administration, or distribution of or trafficking in a drug of	962
abuse; and has not been convicted of, pleaded guilty to, or	963
adjudicated a delinquent child for committing a violation of	964
section 2903.13 of the Revised Code when the victim of the	965
violation is a peace officer, regardless of whether the applicant	966
was sentenced under division (C)(3) of that section.	967

(f) Except as otherwise provided in division (D)(5) of this	968
section, the applicant, within three years of the date of the	969
application, has not been convicted of or pleaded guilty to a	970
misdemeanor offense of violence other than a misdemeanor violation	971
of section 2921.33 of the Revised Code or a violation of section	972
2903.13 of the Revised Code when the victim of the violation is a	973
peace officer, or a misdemeanor violation of section 2923.1211 of	974
the Revised Code; and has not been adjudicated a delinquent child	975
for committing an act that if committed by an adult would be a	976
misdemeanor offense of violence other than a misdemeanor violation	977
of section 2921.33 of the Revised Code or a violation of section	978
2903.13 of the Revised Code when the victim of the violation is a	979
peace officer or for committing an act that if committed by an	980
adult would be a misdemeanor violation of section 2923.1211 of the	981
Revised Code.	982

(g) Except as otherwise provided in division (D)(1)(e) of	983
this section, the applicant, within five years of the date of the	984
application, has not been convicted of, pleaded guilty to, or	985
adjudicated a delinquent child for committing two or more	986
violations of section 2903.13 or 2903.14 of the Revised Code.	987

(h) Except as otherwise provided in division (D)(5) of this	988
section, the applicant, within ten years of the date of the	989
application, has not been convicted of, pleaded guilty to, or	990
adjudicated a delinquent child for committing a violation of	991
section 2921.33 of the Revised Code.	992

(i) The applicant has not been adjudicated as a mental	993
defective, has not been committed to any mental institution, is	994
not under adjudication of mental incompetence, has not been found	995
by a court to be a mentally ill person subject to hospitalization	996
by court order, and is not an involuntary patient other than one	997
who is a patient only for purposes of observation. As used in this	998
division, "mentally ill person subject to hospitalization by court	999
order" and "patient" have the same meanings as in section 5122.01	1000
of the Revised Code.	1001

(j) The applicant is not currently subject to a civil	1002
protection order, a temporary protection order, or a protection	1003
order issued by a court of another state.	1004

(k) The applicant certifies that the applicant desires a	1005
legal means to carry a concealed handgun for defense of the	1006
applicant or a member of the applicant's family while engaged in	1007
lawful activity.	1008

(l) The applicant submits a competency certification of the	1009
type described in division (B)(3) of this section and submits a	1010
certification of the type described in division (B)(4) of this	1011
section regarding the applicant's reading of the pamphlet prepared	1012
by the Ohio peace officer training commission pursuant to section	1013
109.731 of the Revised Code.	1014

(m) The applicant currently is not subject to a suspension	1015
imposed under former division (A)(2) of section 2923.128 of the	1016
Revised Code of a license to carry a concealed handgun, or a	1017
temporary emergency license to carry a concealed handgun, that	1018
previously was issued to the applicant under this section or	1019
section 2923.1213 of the Revised Code.	1020

(2)(a) A license to carry a concealed handgun that a sheriff	1021
issues under division (D)(1) of this section on or after March 14,	1022
2007, shall expire five years after the date of issuance. A	1023
license to carry a concealed handgun that a sheriff issued under	1024
division (D)(1) of this section prior to March 14, 2007, shall	1025
expire four years after the date of issuance.	1026

If a sheriff issues a license under this section, the sheriff	1027
shall place on the license a unique combination of letters and	1028
numbers identifying the license in accordance with the procedure	1029
prescribed by the Ohio peace officer training commission pursuant	1030
to section 109.731 of the Revised Code.	1031

(b) If a sheriff denies an application under this section	1032
because the applicant does not satisfy the criteria described in	1033
division (D)(1) of this section, the sheriff shall specify the	1034
grounds for the denial in a written notice to the applicant. The	1035
applicant may appeal the denial pursuant to section 119.12 of the	1036
Revised Code in the county served by the sheriff who denied the	1037
application. If the denial was as a result of the criminal records	1038
check conducted pursuant to section 311.41 of the Revised Code and	1039
if, pursuant to section 2923.127 of the Revised Code, the	1040
applicant challenges the criminal records check results using the	1041
appropriate challenge and review procedure specified in that	1042
section, the time for filing the appeal pursuant to section 119.12	1043
of the Revised Code and this division is tolled during the	1044
pendency of the request or the challenge and review. If the court	1045
in an appeal under section 119.12 of the Revised Code and this	1046
division enters a judgment sustaining the sheriff's refusal to	1047
grant to the applicant a license to carry a concealed handgun, the	1048
applicant may file a new application beginning one year after the	1049
judgment is entered. If the court enters a judgment in favor of	1050
the applicant, that judgment shall not restrict the authority of a	1051
sheriff to suspend or revoke the license pursuant to section	1052
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	1053
the license for any proper cause that may occur after the date the	1054
judgment is entered. In the appeal, the court shall have full	1055
power to dispose of all costs.	1056

(3) If the sheriff with whom an application for a license to	1057
carry a concealed handgun was filed under this section becomes	1058
aware that the applicant has been arrested for or otherwise	1059
charged with an offense that would disqualify the applicant from	1060
holding the license, the sheriff shall suspend the processing of	1061
the application until the disposition of the case arising from the	1062
arrest or charge.	1063

(4) If the sheriff determines that the applicant is legally	1064
living in the United States and is a resident of the county in	1065
which the applicant seeks the license or of an adjacent county but	1066
does not yet meet the residency requirements described in division	1067
(D)(1)(a) of this section, the sheriff shall not deny the license	1068
because of the residency requirements but shall not issue the	1069
license until the applicant meets those residency requirements.	1070

(5) If an applicant has been convicted of or pleaded guilty	1071
to an offense identified in division (D)(1)(e), (f), or (h) of	1072
this section or has been adjudicated a delinquent child for	1073
committing an act or violation identified in any of those	1074
divisions, and if a court has ordered the sealing or expungement	1075
of the records of that conviction, guilty plea, or adjudication	1076
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to	1077
2953.36 of the Revised Code or a court has granted the applicant	1078
relief pursuant to section 2923.14 of the Revised Code from the	1079
disability imposed pursuant to section 2923.13 of the Revised Code	1080
relative to that conviction, guilty plea, or adjudication, the	1081
sheriff with whom the application was submitted shall not consider	1082
the conviction, guilty plea, or adjudication in making a	1083
determination under division (D)(1) or (F) of this section or, in	1084
relation to an application for a temporary emergency license to	1085
carry a concealed handgun submitted under section 2923.1213 of the	1086
Revised Code, in making a determination under division (B)(2) of	1087
that section.	1088

(E) If a license to carry a concealed handgun issued under	1089
this section is lost or is destroyed, the licensee may obtain from	1090
the sheriff who issued that license a duplicate license upon the	1091
payment of a fee of fifteen dollars and the submission of an	1092
affidavit attesting to the loss or destruction of the license. The	1093
sheriff, in accordance with the procedures prescribed in section	1094
109.731 of the Revised Code, shall place on the replacement	1095
license a combination of identifying numbers different from the	1096
combination on the license that is being replaced.	1097

(F)(1) A licensee who wishes to renew a license to carry a	1098
concealed handgun issued under this section shall do so not	1099
earlier than ninety days before the expiration date of the license	1100
or at any time after the expiration date of the license by	1101
filing with the sheriff of the county in which the applicant	1102
resides or with the sheriff of an adjacent county an application	1103
for renewal of the license obtained pursuant to division (D) of	1104
this section, a certification by the applicant that, subsequent	1105
to the issuance of the license, the applicant has reread the	1106
pamphlet prepared by the Ohio peace officer training commission	1107
pursuant to section 109.731 of the Revised Code that reviews	1108
firearms, dispute resolution, and use of deadly force matters,	1109
and a nonrefundable license renewal fee unless the fee is waived,	1110
and one of the following:	1111

(a) If the licensee previously has not renewed a license to	1112
carry a concealed handgun issued under this section, proof that	1113
the licensee at one time had a competency certification of the	1114
type described in division (B)(3) of this section. A valid	1115
license or any other previously issued license that has not been	1116
revoked is prima-facie evidence that the licensee at one time	1117
had a competency certification of the type described in division	1118
(B)(3) of this section.	1119

(b) If the licensee previously has renewed a license to carry	1120
a concealed handgun issued under this section, a renewed	1121
competency certification of the type described in division (G)(4)	1122
of this section.	1123

(2) A sheriff shall accept a completed renewal application,	1124
the license renewal fee, and information specified in division	1125
(F)(1) of this section at the times and in the manners described	1126
in division (I) of this section. Upon receipt of a completed	1127
renewal application, of certification that the applicant has	1128
reread the specified pamphlet prepared by the Ohio peace	1129
officer training commission, of proof of a prior competency	1130
certification for an initial renewal or of a renewed competency	1131
certification for a second or subsequent renewal, and of a	1132
license renewal fee unless the fee is waived, a sheriff, in the	1133
manner specified in section 311.41 of the Revised Code shall	1134
conduct or cause to be conducted the criminal records check and	1135
the incompetency records check described in section 311.41 of	1136
the Revised Code. The sheriff shall renew the license if the	1137
sheriff determines that the applicant continues to satisfy the	1138
requirements described in division (D)(1) of this section, except	1139
that the applicant is not required to meet the requirements of	1140
division (D)(1)(l) of this section. A renewed license that is	1141
renewed on or after March 14, 2007, shall expire five years	1142
after the date of issuance, and a renewed license that is	1143
renewed prior to March 14, 2007, shall expire four years after	1144
the date of issuance. A renewed license is subject to division	1145
(E) of this section and sections 2923.126 and 2923.128 of the	1146
Revised Code. A sheriff shall comply with divisions (D)(2) to	1147
(4) of this section when the circumstances described in those	1148
divisions apply to a requested license renewal. If a sheriff	1149
denies the renewal of a license to carry a concealed handgun,	1150
the applicant may appeal the denial, or challenge the criminal	1151
record check results that were the basis of the denial if	1152
applicable, in the same manner as specified in division	1153
(D)(2)(b) of this section and in section 2923.127 of the Revised	1154
Code, regarding the denial of a license under this section.	1155

(G)(1) Each course, class, or program described in division	1156
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1157
person who takes the course, class, or program a copy of the	1158
pamphlet prepared by the Ohio peace officer training commission	1159
pursuant to section 109.731 of the Revised Code that reviews	1160
firearms, dispute resolution, and use of deadly force matters.	1161
Each such course, class, or program described in one of those	1162
divisions shall include at least twelve hours of training in the	1163
safe handling and use of a firearm that shall include all of the	1164
following:	1165

(a) At least ten hours of training on the following matters:

1166

(i) The ability to name, explain, and demonstrate the rules	1167
for safe handling of a handgun and proper storage practices for	1168
handguns and ammunition;	1169

(ii) The ability to demonstrate and explain how to handle	1170
ammunition in a safe manner;	1171

(iii) The ability to demonstrate the knowledge, skills, and	1172
attitude necessary to shoot a handgun in a safe manner;	1173

(iv) Gun handling training.

1174

(b) At least two hours of training that consists of range	1175
time and live-fire training.	1176

(2) To satisfactorily complete the course, class, or program	1177
described in division (B)(3)(a), (b), (c), or (e) of this section,	1178
the applicant shall pass a competency examination that shall	1179
include both of the following:	1180

(a) A written section on the ability to name and explain the	1181
rules for the safe handling of a handgun and proper storage	1182
practices for handguns and ammunition;	1183

(b) A physical demonstration of competence in the use of a	1184
handgun and in the rules for safe handling and storage of a	1185
handgun and a physical demonstration of the attitude necessary to	1186
shoot a handgun in a safe manner.	1187

(3) The competency certification described in division	1188
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1189
shall attest that the course, class, or program the applicant	1190
successfully completed met the requirements described in division	1191
(G)(1) of this section and that the applicant passed the	1192
competency examination described in division (G)(2) of this	1193
section.	1194

(4) A person who previously has received a competency	1195
certification as described in division (B)(3) of this section, or	1196
who previously has received a renewed competency certification as	1197
described in this division, may obtain a renewed competency	1198
certification pursuant to this division. If the person previously	1199
has received a competency certification or previously has	1200
received a renewed competency certification, the person may	1201
obtain a renewed competency certification from an entity that	1202
offers a course, class, or program described in division	1203
(B)(3)(a), (b), (c), or (e) of this section by passing a test	1204
that demonstrates that the person is range competent. In these	1205
circumstances, the person is not required to attend the course,	1206
class, or program or to take the competency examination described	1207
in division (G)(2) of this section for the renewed competency	1208
certification in order to be eligible to receive a renewed	1209
competency certification. A renewed competency certification	1210
issued under this division shall be dated and shall attest that	1211
the person has demonstrated range competency.	1212

(H) Upon deciding to issue a license, deciding to issue a	1213
replacement license, or deciding to renew a license to carry a	1214
concealed handgun pursuant to this section, and before actually	1215
issuing or renewing the license, the sheriff shall make available	1216
through the law enforcement automated data system all information	1217
contained on the license. If the license subsequently is suspended	1218
under division (A)(1) or (2) of section 2923.128 of the Revised	1219
Code, revoked pursuant to division (B)(1) of section 2923.128 of	1220
the Revised Code, or lost or destroyed, the sheriff also shall	1221
make available through the law enforcement automated data system a	1222
notation of that fact. The superintendent of the state highway	1223
patrol shall ensure that the law enforcement automated data system	1224
is so configured as to permit the transmission through the system	1225
of the information specified in this division.	1226

(I) A sheriff shall accept a completed application form or	1227
renewal application, and the fee, items, materials, and	1228
information specified in divisions (B)(1) to (5) or division (F)	1229
of this section, whichever is applicable, and shall provide an	1230
application form or renewal application and a copy of the pamphlet	1231
described in division (B) of section 109.731 of the Revised Code	1232
to any person during at least fifteen hours a week. The sheriff	1233
shall post notice of the hours during which the sheriff is	1234
available to accept or provide the information described in this	1235
division.	1236

(J) When a sheriff issues a renewed license, the sheriff	1237
shall offer to return the expired license to the licensee. If the	1238
licensee does not take the expired license, the sheriff shall	1239
destroy it.	1240

Sec. 2923.126.  (A) A license to carry a concealed handgun	1241
that is issued under section 2923.125 of the Revised Code on or	1242
after March 14, 2007, shall expire five years after the date of	1243
issuance, and a license that is so issued prior to March 14,	1244
2007, shall expire four years after the date of issuance. A	1245
licensee who has been issued a license under that section shall be	1246
granted a grace period of thirty days after the licensee's license	1247
expires during which the licensee's license remains valid. Except	1248
as provided in divisions (B) and (C) of this section, a licensee	1249
who has been issued a license under section 2923.125 or 2923.1213	1250
of the Revised Code may carry a concealed handgun anywhere in this	1251
state if the licensee also carries a valid license and valid	1252
identification when the licensee is in actual possession of a	1253
concealed handgun. The licensee shall give notice of any change in	1254
the licensee's residence address to the sheriff who issued the	1255
license within forty-five days after that change.	1256

If a licensee is the driver or an occupant of a motor	1257
vehicle that is stopped as the result of a traffic stop or a	1258
stop for another law enforcement purpose and if the licensee is	1259
transporting or has a loaded handgun in the motor vehicle at that	1260
time, the licensee shall promptly inform any law enforcement	1261
officer who approaches the vehicle while stopped that the	1262
licensee has been issued a license or temporary emergency license	1263
to carry a concealed handgun and that the licensee currently	1264
possesses or has a loaded handgun; the licensee shall not	1265
knowingly disregard or fail to comply with lawful orders of a	1266
law enforcement officer given while the motor vehicle is	1267
stopped, knowingly fail to remain in the motor vehicle while	1268
stopped, or knowingly fail to keep the licensee's hands in plain	1269
sight after any law enforcement officer begins approaching the	1270
licensee while stopped and before the officer leaves, unless	1271
directed otherwise by a law enforcement officer; and the	1272
licensee shall not knowingly remove, attempt to remove, grasp,	1273
or hold the loaded handgun or knowingly have contact with the	1274
loaded handgun by touching it with the licensee's hands or	1275
fingers, in any manner in violation of division (E) of section	1276
2923.16 of the Revised Code, after any law enforcement officer	1277
begins approaching the licensee while stopped and before the	1278
officer leaves. Additionally, if a licensee is the driver or an	1279
occupant of a commercial motor vehicle that is stopped by an	1280
employee of the motor carrier enforcement unit for the purposes	1281
defined in section 5503.04 of the Revised Code and if the	1282
licensee is transporting or has a loaded handgun in the	1283
commercial motor vehicle at that time, the licensee shall	1284
promptly inform the employee of the unit who approaches the	1285
vehicle while stopped that the licensee has been issued a license	1286
or temporary emergency license to carry a concealed handgun and	1287
that the licensee currently possesses or has a loaded handgun.	1288

If a licensee is stopped for a law enforcement purpose and	1289
if the licensee is carrying a concealed handgun at the time the	1290
officer approaches, the licensee shall promptly inform any law	1291
enforcement officer who approaches the licensee while stopped	1292
that the licensee has been issued a license or temporary	1293
emergency license to carry a concealed handgun and that the	1294
licensee currently is carrying a concealed handgun; the licensee	1295
shall not knowingly disregard or fail to comply with lawful	1296
orders of a law enforcement officer given while the licensee is	1297
stopped or knowingly fail to keep the licensee's hands in plain	1298
sight after any law enforcement officer begins approaching the	1299
licensee while stopped and before the officer leaves, unless	1300
directed otherwise by a law enforcement officer; and the	1301
licensee shall not knowingly remove, attempt to remove, grasp,	1302
or hold the loaded handgun or knowingly have contact with the	1303
loaded handgun by touching it with the licensee's hands or	1304
fingers, in any manner in violation of division (B) of section	1305
2923.12 of the Revised Code, after any law enforcement officer	1306
begins approaching the licensee while stopped and before the	1307
officer leaves.	1308

(B) A competency certification described in or valid license	1309
issued under section 2923.125 or 2923.1213 of the Revised Code	1310
does not authorize the licenseeholder of the certification or	1311
license to carry a concealed handgun in any manner prohibited	1312
under division (B) of section 2923.12 of the Revised Code or in	1313
any manner prohibited under section 2923.16 of the Revised Code.	1314
A competency certification or valid license does not authorize	1315
the licenseeholder of the certification or license to carry a	1316
concealed handgun into any of the following places:	1317

(1) A police station, sheriff's office, or state highway	1318
patrol station, premises controlled by the bureau of criminal	1319
identification and investigation, a state correctional	1320
institution, jail, workhouse, or other detention facility, an	1321
airport passenger terminal, or an institution that is maintained,	1322
operated, managed, and governed pursuant to division (A) of	1323
section 5119.02 of the Revised Code or division (A)(1) of section	1324
5123.03 of the Revised Code;	1325

(2) A school safety zone if the licensee'sholder's carrying	1326
the concealed handgun is in violation of section 2923.122 of the	1327
Revised Code;	1328

(3) A courthouse or another building or structure in which a	1329
courtroom is located, in violation of section 2923.123 of the	1330
Revised Code;	1331

(4) Any premises or open air arena for which a D permit has	1332
been issued under Chapter 4303. of the Revised Code if the	1333
licensee'sholder's carrying the concealed handgun is in violation	1334
of section 2923.121 of the Revised Code;	1335

(5) Any premises owned or leased by any public or private	1336
college, university, or other institution of higher education,	1337
unless the handgun is in a locked motor vehicle or the licensee is	1338
in the immediate process of placing the handgun in a locked motor	1339
vehicle;	1340

(6) Any church, synagogue, mosque, or other place of worship,	1341
unless the church, synagogue, mosque, or other place of worship	1342
posts or permits otherwise;	1343

(7) A child day-care center, a type A family day-care home, a	1344
type B family day-care home, or a type C family day-care home,	1345
except that this division does not prohibit a licensee who resides	1346
in a type A family day-care home, a type B family day-care home,	1347
or a type C family day-care home from carrying a concealed	1348
handgun at any time in any part of the home that is not	1349
dedicated or used for day-care purposes, or from carrying a	1350
concealed handgun in a part of the home that is dedicated or	1351
used for day-care purposes at any time during which no children,	1352
other than children of that licensee, are in the home;	1353

(8) An aircraft that is in, or intended for operation in,	1354
foreign air transportation, interstate air transportation,	1355
intrastate air transportation, or the transportation of mail by	1356
aircraft;	1357

(9) Any building that is a government facility of this state	1358
or a political subdivision of this state and that is not a	1359
building that is used primarily as a shelter, restroom, parking	1360
facility for motor vehicles, or rest facility and is not a	1361
courthouse or other building or structure in which a courtroom is	1362
located that is subject to division (B)(3) of this section;	1363

(10)(6) A place in which federal law prohibits the carrying	1364
of handguns.	1365

(C)(1) Nothing in this section shall negate or restrict a	1366
rule, policy, or practice of a private employer that is not a	1367
private college, university, or other institution of higher	1368
education concerning or prohibiting the presence of firearms on	1369
the private employer's premises or property, including motor	1370
vehicles owned by the private employer. Nothing in this section	1371
shall require a private employer of that nature to adopt a rule,	1372
policy, or practice concerning or prohibiting the presence of	1373
firearms on the private employer's premises or property, including	1374
motor vehicles owned by the private employer.	1375

(2)(a) A private employer shall be immune from liability in a	1376
civil action for any injury, death, or loss to person or property	1377
that allegedly was caused by or related to a person who qualifies	1378
for a license or who is a licensee bringing a handgun onto the	1379
premises or property of the private employer, including motor	1380
vehicles owned by the private employer, unless the private	1381
employer acted with malicious purpose. A private employer is	1382
immune from liability in a civil action for any injury, death, or	1383
loss to person or property that allegedly was caused by or	1384
related to the private employer's decision to permit a person who	1385
qualifies for a license or who is a licensee to bring, or	1386
prohibit a licensee from bringing, a handgun onto the premises or	1387
property of the private employer. As used in this division,	1388
"private employer" includes a private college, university, or	1389
other institution of higher education.	1390

(b) A political subdivision shall be immune from liability in	1391
a civil action, to the extent and in the manner provided in	1392
Chapter 2744. of the Revised Code, for any injury, death, or loss	1393
to person or property that allegedly was caused by or related to a	1394
person who qualifies for a license or who is a licensee bringing	1395
a handgun onto any premises or property owned, leased, or	1396
otherwise under the control of the political subdivision. As used	1397
in this division, "political subdivision" has the same meaning as	1398
in section 2744.01 of the Revised Code.	1399

(3)(a) Except as provided in division (C)(3)(b) of this	1400
section, the owner or person in control of private land or	1401
premises, and a private person or entity leasing land or premises	1402
owned by the state, the United States, or a political subdivision	1403
of the state or the United States, may post a sign in a	1404
conspicuous location on that land or on those premises prohibiting	1405
persons from carrying firearms or concealed firearms on or onto	1406
that land or those premises. Except as otherwise provided in this	1407
division, a person who knowingly violates a posted prohibition of	1408
that nature is guilty of criminal trespass in violation of	1409
division (A)(4) of section 2911.21 of the Revised Code and is	1410
guilty of a misdemeanor of the fourth degree. If a person	1411
knowingly violates a posted prohibition of that nature and the	1412
posted land or premises primarily was a parking lot or other	1413
parking facility, the person is not guilty of criminal trespass in	1414
violation of division (A)(4) of section 2911.21 of the Revised	1415
Code and instead is subject only to a civil cause of action for	1416
trespass based on the violation.	1417

(b) A landlord may not prohibit or restrict a tenant who is a	1418
licensee and who on or after the effective date of this amendment	1419
September 9, 2008, enters into a rental agreement with the	1420
landlord for the use of residential premises, and the tenant's	1421
guest while the tenant is present, from lawfully carrying or	1422
possessing a handgun on those residential premises.	1423

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

1424

(i) "Residential premises" has the same meaning as in section	1425
5321.01 of the Revised Code, except "residential premises" does	1426
not include a dwelling unit that is owned or operated by a college	1427
or university.	1428

(ii) "Landlord," "tenant," and "rental agreement" have the	1429
same meanings as in section 5321.01 of the Revised Code.	1430

(D) A person who holds a license to carry a concealed handgun	1431
that was issued pursuant to the law of another state that is	1432
recognized by the attorney general pursuant to a reciprocity	1433
agreement entered into pursuant to section 109.69 of the Revised	1434
Code has the same right to carry a concealed handgun in this state	1435
as a person who was issued a license to carry a concealed handgun	1436
under section 2923.125 of the Revised Code and is subject to the	1437
same restrictions that apply to a person who carries a license	1438
issued under that section.	1439

(E) A peace officer has the same right to carry a concealed	1440
handgun in this state as a person who was issued a license to	1441
carry a concealed handgun under section 2923.125 of the Revised	1442
Code. For purposes of reciprocity with other states, a peace	1443
officer shall be considered to be a licensee in this state.	1444

(F)(1) A qualified retired peace officer who possesses a	1445
retired peace officer identification card issued pursuant to	1446
division (F)(2) of this section and a valid firearms	1447
requalification certification issued pursuant to division (F)(3)	1448
of this section has the same right to carry a concealed handgun in	1449
this state as a person who was issued a license to carry a	1450
concealed handgun under section 2923.125 of the Revised Code and	1451
is subject to the same restrictions that apply to a person who	1452
carries a license issued under that section. For purposes of	1453
reciprocity with other states, a qualified retired peace officer	1454
who possesses a retired peace officer identification card issued	1455
pursuant to division (F)(2) of this section and a valid firearms	1456
requalification certification issued pursuant to division (F)(3)	1457
of this section shall be considered to be a licensee in this	1458
state.	1459

(2)(a) Each public agency of this state or of a political	1460
subdivision of this state that is served by one or more peace	1461
officers shall issue a retired peace officer identification card	1462
to any person who retired from service as a peace officer with	1463
that agency, if the issuance is in accordance with the agency's	1464
policies and procedures and if the person, with respect to the	1465
person's service with that agency, satisfies all of the following:	1466

(i) The person retired in good standing from service as a	1467
peace officer with the public agency, and the retirement was not	1468
for reasons of mental instability.	1469

(ii) Before retiring from service as a peace officer with	1470
that agency, the person was authorized to engage in or supervise	1471
the prevention, detection, investigation, or prosecution of, or	1472
the incarceration of any person for, any violation of law and the	1473
person had statutory powers of arrest.	1474

(iii) At the time of the person's retirement as a peace	1475
officer with that agency, the person was trained and qualified to	1476
carry firearms in the performance of the peace officer's duties.	1477

(iv) Before retiring from service as a peace officer with	1478
that agency, the person was regularly employed as a peace officer	1479
for an aggregate of fifteen years or more, or, in the alternative,	1480
the person retired from service as a peace officer with that	1481
agency, after completing any applicable probationary period of	1482
that service, due to a service-connected disability, as determined	1483
by the agency.	1484

(b) A retired peace officer identification card issued to a	1485
person under division (F)(2)(a) of this section shall identify the	1486
person by name, contain a photograph of the person, identify the	1487
public agency of this state or of the political subdivision of	1488
this state from which the person retired as a peace officer and	1489
that is issuing the identification card, and specify that the	1490
person retired in good standing from service as a peace officer	1491
with the issuing public agency and satisfies the criteria set	1492
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	1493
addition to the required content specified in this division, a	1494
retired peace officer identification card issued to a person under	1495
division (F)(2)(a) of this section may include the firearms	1496
requalification certification described in division (F)(3) of this	1497
section, and if the identification card includes that	1498
certification, the identification card shall serve as the firearms	1499
requalification certification for the retired peace officer. If	1500
the issuing public agency issues credentials to active law	1501
enforcement officers who serve the agency, the agency may comply	1502
with division (F)(2)(a) of this section by issuing the same	1503
credentials to persons who retired from service as a peace officer	1504
with the agency and who satisfy the criteria set forth in	1505
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	1506
credentials so issued to retired peace officers are stamped with	1507
the word "RETIRED."	1508

(c) A public agency of this state or of a political	1509
subdivision of this state may charge persons who retired from	1510
service as a peace officer with the agency a reasonable fee for	1511
issuing to the person a retired peace officer identification card	1512
pursuant to division (F)(2)(a) of this section.	1513

(3) If a person retired from service as a peace officer with	1514
a public agency of this state or of a political subdivision of	1515
this state and the person satisfies the criteria set forth in	1516
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	1517
may provide the retired peace officer with the opportunity to	1518
attend a firearms requalification program that is approved for	1519
purposes of firearms requalification required under section	1520
109.801 of the Revised Code. The retired peace officer may be	1521
required to pay the cost of the course.	1522

If a retired peace officer who satisfies the criteria set	1523
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	1524
firearms requalification program that is approved for purposes of	1525
firearms requalification required under section 109.801 of the	1526
Revised Code, the retired peace officer's successful completion of	1527
the firearms requalification program requalifies the retired peace	1528
officer for purposes of division (F) of this section for five	1529
years from the date on which the program was successfully	1530
completed, and the requalification is valid during that	1531
five-year period. If a retired peace officer who satisfies the	1532
criteria set forth in divisions (F)(2)(a)(i) to (iv) of this	1533
section satisfactorily completes such a firearms requalification	1534
program, the retired peace officer shall be issued a firearms	1535
requalification certification that identifies the retired peace	1536
officer by name, identifies the entity that taught the program,	1537
specifies that the retired peace officer successfully completed	1538
the program, specifies the date on which the course was	1539
successfully completed, and specifies that the requalification is	1540
valid for five years from that date of successful completion.	1541
The firearms requalification certification for a retired peace	1542
officer may be included in the retired peace officer	1543
identification card issued to the retired peace officer under	1544
division (F)(2) of this section.	1545

A retired peace officer who attends a firearms	1546
requalification program that is approved for purposes of firearms	1547
requalification required under section 109.801 of the Revised Code	1548
may be required to pay the cost of the program.	1549

(G) As used in this section:

1550

(1) "Qualified retired peace officer" means a person who	1551
satisfies all of the following:	1552

(a) The person satisfies the criteria set forth in divisions	1553
(F)(2)(a)(i) to (v) of this section.	1554

(b) The person is not under the influence of alcohol or	1555
another intoxicating or hallucinatory drug or substance.	1556

(c) The person is not prohibited by federal law from	1557
receiving firearms.	1558

(2) "Retired peace officer identification card" means an	1559
identification card that is issued pursuant to division (F)(2) of	1560
this section to a person who is a retired peace officer.	1561

(3) "Government facility of this state or a political	1562
subdivision of this state" means any of the following:	1563

(a) A building or part of a building that is owned or leased	1564
by the government of this state or a political subdivision of	1565
this state and where employees of the government of this state or	1566
the political subdivision regularly are present for the purpose	1567
of performing their official duties as employees of the state or	1568
political subdivision;	1569

(b) The office of a deputy registrar serving pursuant to	1570
Chapter 4503. of the Revised Code that is used to perform deputy	1571
registrar functions.	1572

Sec. 2923.128. (A)(1)(a) If a licensee holding a valid	1573
license issued under section 2923.125 or 2923.1213 of the Revised	1574
Code is arrested for or otherwise charged with an offense	1575
described in division (D)(1)(d) of section 2923.125 of the Revised	1576
Code or with a violation of section 2923.15 of the Revised Code or	1577
becomes subject to a temporary protection order or to a protection	1578
order issued by a court of another state that is substantially	1579
equivalent to a temporary protection order, the sheriff who issued	1580
the license or temporary emergency license shall suspend it and	1581
shall comply with division (A)(3)(2) of this section upon becoming	1582
aware of the arrest, charge, or protection order. Upon suspending	1583
the license or temporary emergency license, the sheriff also shall	1584
comply with division (H) of section 2923.125 of the Revised Code.	1585

(b) A suspension under division (A)(1)(a) of this section	1586
shall be considered as beginning on the date that the licensee is	1587
arrested for or otherwise charged with an offense described in	1588
that division or on the date the appropriate court issued the	1589
protection order described in that division, irrespective of when	1590
the sheriff notifies the licensee under division (A)(3) of this	1591
section. The suspension shall end on the date on which the charges	1592
are dismissed or the licensee is found not guilty of the offense	1593
described in division (A)(1)(a) of this section or, subject to	1594
division (B) of this section, on the date the appropriate court	1595
terminates the protection order described in that division. If the	1596
suspension so ends, the sheriff shall return the license or	1597
temporary emergency license to the licensee.	1598

(2)(a) If a licensee holding a valid license issued under	1599
section 2923.125 or 2923.1213 of the Revised Code is convicted of	1600
or pleads guilty to a misdemeanor violation of division (B)(1),	1601
(2), or (4) of section 2923.12 of the Revised Code or of division	1602
(E)(3), (4), or (6) of section 2923.16 of the Revised Code, except	1603
as provided in division (A)(2)(c) of this section and subject to	1604
division (C) of this section, the sheriff who issued the license	1605
or temporary emergency license shall suspend it and shall comply	1606
with division (A)(3) of this section upon becoming aware of the	1607
conviction or guilty plea. Upon suspending the license or	1608
temporary emergency license, the sheriff also shall comply with	1609
division (H) of section 2923.125 of the Revised Code.	1610

(b) A suspension under division (A)(2)(a) of this section	1611
shall be considered as beginning on the date that the licensee is	1612
convicted of or pleads guilty to the offense described in that	1613
division, irrespective of when the sheriff notifies the licensee	1614
under division (A)(3) of this section. If the suspension is	1615
imposed for a misdemeanor violation of division (B)(1) or (2) of	1616
section 2923.12 of the Revised Code or of division (E)(3) or (4)	1617
of section 2923.16 of the Revised Code, it shall end on the date	1618
that is one year after the date that the licensee is convicted of	1619
or pleads guilty to that violation. If the suspension is imposed	1620
for a misdemeanor violation of division (B)(4) of section 2923.12	1621
of the Revised Code or of division (E)(6) of section 2923.16 of	1622
the Revised Code, it shall end on the date that is two years	1623
after the date that the licensee is convicted of or pleads guilty	1624
to that violation. If the licensee's license was issued under	1625
section 2923.125 of the Revised Code and the license remains	1626
valid after the suspension ends as described in this division,	1627
when the suspension ends, the sheriff shall return the license to	1628
the licensee. If the licensee's license was issued under section	1629
2923.125 of the Revised Code and the license expires before the	1630
suspension ends as described in this division, or if the	1631
licensee's license was issued under section 2923.1213 of the	1632
Revised Code, the licensee is not eligible to apply for a new	1633
license under section 2923.125 or 2923.1213 of the Revised Code or	1634
to renew the license under section 2923.125 of the Revised Code	1635
until after the suspension ends as described in this division.	1636

(c) The license of a licensee who is convicted of or pleads	1637
guilty to a violation of division (B)(1) of section 2923.12 or	1638
division (E)(3) of section 2923.16 of the Revised Code shall not	1639
be suspended pursuant to division (A)(2)(a) of this section if, at	1640
the time of the stop of the licensee for a law enforcement	1641
purpose, for a traffic stop, or for a purpose defined in section	1642
5503.34 of the Revised Code that was the basis of the violation,	1643
any law enforcement officer involved with the stop or the employee	1644
of the motor carrier enforcement unit who made the stop had	1645
actual knowledge of the licensee's status as a licensee.	1646

(3) Upon becoming aware of an arrest, charge, or protection	1647
order described in division (A)(1)(a) of this section with respect	1648
to a licensee who was issued a license under section 2923.125 or	1649
2923.1213 of the Revised Code, or a conviction of or plea of	1650
guilty to a misdemeanor offense described in division (A)(2)(a) of	1651
this section with respect to a licensee who was issued a license	1652
under either section and with respect to which division (A)(2)(c)	1653
of this section does not apply, subject to division (C) of this	1654
section, the sheriff who issued the licensee's license or	1655
temporary emergency license to carry a concealed handgun shall	1656
notify the licensee, by certified mail, return receipt requested,	1657
at the licensee's last known residence address that the license	1658
or temporary emergency license has been suspended and that the	1659
licensee is required to surrender the license or temporary	1660
emergency license at the sheriff's office within ten days of the	1661
date on which the notice was mailed. If the suspension is	1662
pursuant to division (A)(2) of this section, the notice shall	1663
identify the date on which the suspension ends.	1664

(B)(1) A sheriff who issues a license or temporary emergency	1665
license to carry a concealed handgun to a licensee under section	1666
2923.125 or 2923.1213 of the Revised Code shall revoke the license	1667
or temporary emergency license in accordance with division (B)(2)	1668
of this section upon becoming aware that the licensee satisfies	1669
any of the following:	1670

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

1671

(b) Subject to division (C) of this section, at the time of	1672
the issuance of the license or temporary emergency license, the	1673
licensee did not satisfy the eligibility requirements of	1674
division (D)(1)(c), (d), (e), (f), (g), or (h) of section	1675
2923.125 of the Revised Code.	1676

(c) Subject to division (C) of this section, on or after the	1677
date on which the license or temporary emergency license was	1678
issued, the licensee is convicted of or pleads guilty to a	1679
violation of section 2923.15 of the Revised Code or an offense	1680
described in division (D)(1)(e), (f), (g), or (h) of section	1681
2923.125 of the Revised Code.	1682

(d) On or after the date on which the license or temporary	1683
emergency license was issued, the licensee becomes subject to a	1684
civil protection order or to a protection order issued by a court	1685
of another state that is substantially equivalent to a civil	1686
protection order.	1687

(e) The licensee knowingly carries a concealed handgun into a	1688
place that the licensee knows is an unauthorized place specified	1689
in division (B) of section 2923.126 of the Revised Code.	1690

(f) On or after the date on which the license or temporary	1691
emergency license was issued, the licensee is adjudicated as a	1692
mental defective or is committed to a mental institution.	1693

(g) At the time of the issuance of the license or temporary	1694
emergency license, the licensee did not meet the residency	1695
requirements described in division (D)(1) of section 2923.125 of	1696
the Revised Code and currently does not meet the residency	1697
requirements described in that division.	1698

(h) Regarding a license issued under section 2923.125 of the	1699
Revised Code, the competency certificate the licensee submitted	1700
was forged or otherwise was fraudulent.	1701

(2) Upon becoming aware of any circumstance listed in	1702
division (B)(1) of this section that applies to a particular	1703
licensee who was issued a license under section 2923.125 or	1704
2923.1213 of the Revised Code, subject to division (C) of this	1705
section, the sheriff who issued the license or temporary	1706
emergency license to carry a concealed handgun to the licensee	1707
shall notify the licensee, by certified mail, return receipt	1708
requested, at the licensee's last known residence address that	1709
the license or temporary emergency license is subject to	1710
revocation and that the licensee may come to the sheriff's office	1711
and contest the sheriff's proposed revocation within fourteen days	1712
of the date on which the notice was mailed. After the fourteen-day	1713
period and after consideration of any information that the	1714
licensee provides during that period, if the sheriff determines on	1715
the basis of the information of which the sheriff is aware that	1716
the licensee is described in division (B)(1) of this section and	1717
no longer satisfies the requirements described in division (D)(1)	1718
of section 2923.125 of the Revised Code that are applicable to the	1719
licensee's type of license, the sheriff shall revoke the license	1720
or temporary emergency license, notify the licensee of that fact,	1721
and require the licensee to surrender the license or temporary	1722
emergency license. Upon revoking the license or temporary	1723
emergency license, the sheriff also shall comply with division (H)	1724
of section 2923.125 of the Revised Code.	1725

(C) If a sheriff who issues a license or temporary emergency	1726
license to carry a concealed handgun to a licensee under section	1727
2923.125 or 2923.1213 of the Revised Code becomes aware that at	1728
the time of the issuance of the license or temporary emergency	1729
license the licensee had been convicted of or pleaded guilty to an	1730
offense identified in division (D)(1)(e), (f), or (h) of section	1731
2923.125 of the Revised Code or had been adjudicated a delinquent	1732
child for committing an act or violation identified in any of	1733
those divisions or becomes aware that on or after the date on	1734
which the license or temporary emergency license was issued the	1735
licensee has been convicted of or pleaded guilty to an offense	1736
identified in division (A)(2)(a) or (B)(1)(c) of this section, the	1737
sheriff shall not consider that conviction, guilty plea, or	1738
adjudication as having occurred for purposes of divisions (A)(2),	1739
(A)(3), (B)(1), and (B)(2) of this section if a court has ordered	1740
the sealing or expungement of the records of that conviction,	1741
guilty plea, or adjudication pursuant to sections 2151.355 to	1742
2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a	1743
court has granted the licensee relief pursuant to section 2923.14	1744
of the Revised Code from the disability imposed pursuant to	1745
section 2923.13 of the Revised Code relative to that conviction,	1746
guilty plea, or adjudication.	1747

(D) As used in this section, "motor carrier enforcement unit"	1748
has the same meaning as in section 2923.16 of the Revised Code.	1749

Sec. 2923.1212.  (A) The following persons, boards, and	1750
entities, or designees, shall post in the following locations a	1751
sign that contains a statement in substantially the following	1752
form: "Unless otherwise authorized by law, pursuant to the Ohio	1753
Revised Code, no person shall knowingly possess, have under the	1754
person's control, convey, or attempt to convey a deadly weapon or	1755
dangerous ordnance onto these premises.":	1756

(1) The director of public safety or the person or board	1757
charged with the erection, maintenance, or repair of police	1758
stations, municipal jails, and the municipal courthouse and	1759
courtrooms in a conspicuous location at all police stations,	1760
municipal jails, and municipal courthouses and courtrooms;	1761

(2) The sheriff or sheriff's designee who has charge of the	1762
sheriff's office in a conspicuous location in that office;	1763

(3) The superintendent of the state highway patrol or the	1764
superintendent's designee in a conspicuous location at all state	1765
highway patrol stations;	1766

(4) Each sheriff, chief of police, or person in charge of	1767
every county, multicounty, municipal, municipal-county, or	1768
multicounty-municipal jail or workhouse, community-based	1769
correctional facility, halfway house, alternative residential	1770
facility, or other local or state correctional institution or	1771
detention facility within the state, or that person's designee, in	1772
a conspicuous location at that facility under that person's	1773
charge;	1774

(5) The board of trustees of a regional airport authority,	1775
chief administrative officer of an airport facility, or other	1776
person in charge of an airport facility in a conspicuous location	1777
at each airport facility under that person's control;	1778

(6) The officer or officer's designee who has charge of a	1779
courthouse or the building or structure in which a courtroom is	1780
located in a conspicuous location in that building or structure;	1781

(7) The superintendent of the bureau of criminal	1782
identification and investigation or the superintendent's designee	1783
in a conspicuous location in all premises controlled by that	1784
bureau;	1785

(8) The owner, administrator, or operator of a child day-care	1786
center, a type A family day-care home, a type B family day-care	1787
home, or a type C family day-care home;	1788

(9) The officer of this state or of a political subdivision	1789
of this state, or the officer's designee, who has charge of a	1790
building that is a government facility of this state or the	1791
political subdivision of this state, as defined in section	1792
2923.126 of the Revised Code, and that is not a building that is	1793
used primarily as a shelter, restroom, parking facility for motor	1794
vehicles, or rest facility and is not a courthouse or other	1795
building or structure in which a courtroom is located that is	1796
subject to division (B)(3) of that section.	1797

(B) The following boards, bodies, and persons, or designees,	1798
shall post in the following locations a sign that contains a	1799
statement in substantially the following form: "Unless otherwise	1800
authorized by law, pursuant to Ohio Revised Code section 2923.122,	1801
no person shall knowingly possess, have under the person's	1802
control, convey, or attempt to convey a deadly weapon or dangerous	1803
ordnance into a school safety zone.":	1804

(1) A board of education of a city, local, exempted village,	1805
or joint vocational school district or that board's designee in a	1806
conspicuous location in each building and on each parcel of real	1807
property owned or controlled by the board;	1808

(2) A governing body of a school for which the state board of	1809
education prescribes minimum standards under section 3301.07 of	1810
the Revised Code or that body's designee in a conspicuous location	1811
in each building and on each parcel of real property owned or	1812
controlled by the school;	1813

(3) The principal or chief administrative officer of a	1814
nonpublic school in a conspicuous location on property owned or	1815
controlled by that nonpublic school.	1816

Sec. 2923.1213. (A) As used in this section:

1817

(1) "Evidence of imminent danger" means any of the following:

1818

(a) A statement sworn by the person seeking to carry a	1819
concealed handgun that is made under threat of perjury and that	1820
states that the person has reasonable cause to fear a criminal	1821
attack upon the person or a member of the person's family, such as	1822
would justify a prudent person in going armed;	1823

(b) A written document prepared by a governmental entity or	1824
public official describing the facts that give the person seeking	1825
to carry a concealed handgun reasonable cause to fear a criminal	1826
attack upon the person or a member of the person's family, such as	1827
would justify a prudent person in going armed. Written documents	1828
of this nature include, but are not limited to, any temporary	1829
protection order, civil protection order, protection order issued	1830
by another state, or other court order, any court report, and any	1831
report filed with or made by a law enforcement agency or	1832
prosecutor.	1833

(2) "Prosecutor" has the same meaning as in section 2935.01	1834
of the Revised Code.	1835

(B)(1) A person seeking a temporary emergency license to	1836
carry a concealed handgun shall submit to the sheriff of the	1837
county in which the person resides all of the following:	1838

(a) Evidence of imminent danger to the person or a member of	1839
the person's family;	1840

(b) A sworn affidavit that contains all of the information	1841
required to be on the license and attesting that the person is	1842
legally living in the United States; is at least twenty-one years	1843
of age; is not a fugitive from justice; is not under indictment	1844
for or otherwise charged with an offense identified in division	1845
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	1846
convicted of or pleaded guilty to an offense, and has not been	1847
adjudicated a delinquent child for committing an act, identified	1848
in division (D)(1)(e) of that section and to which division (B)(3)	1849
of this section does not apply; within three years of the date of	1850
the submission, has not been convicted of or pleaded guilty to an	1851
offense, and has not been adjudicated a delinquent child for	1852
committing an act, identified in division (D)(1)(f) of that	1853
section and to which division (B)(3) of this section does not	1854
apply; within five years of the date of the submission, has not	1855
been convicted of, pleaded guilty, or adjudicated a delinquent	1856
child for committing two or more violations identified in division	1857
(D)(1)(g) of that section; within ten years of the date of the	1858
submission, has not been convicted of, pleaded guilty, or	1859
adjudicated a delinquent child for committing a violation	1860
identified in division (D)(1)(h) of that section and to which	1861
division (B)(3) of this section does not apply; has not been	1862
adjudicated as a mental defective, has not been committed to any	1863
mental institution, is not under adjudication of mental	1864
incompetence, has not been found by a court to be a mentally ill	1865
person subject to hospitalization by court order, and is not an	1866
involuntary patient other than one who is a patient only for	1867
purposes of observation, as described in division (D)(1)(i) of	1868
that section; and is not currently subject to a civil protection	1869
order, a temporary protection order, or a protection order issued	1870
by a court of another state, as described in division (D)(1)(j) of	1871
that section; and is not currently subject to a suspension imposed	1872
under division (A)(2) of section 2923.128 of the Revised Code of a	1873
license to carry a concealed handgun, or a temporary emergency	1874
license to carry a concealed handgun, that previously was issued	1875
to the person;	1876

(c) A temporary emergency license fee established by the Ohio	1877
peace officer training commission for an amount that does not	1878
exceed the actual cost of conducting the criminal background check	1879
or thirty dollars;	1880

(d) A set of fingerprints of the applicant provided as	1881
described in section 311.41 of the Revised Code through use of an	1882
electronic fingerprint reading device or, if the sheriff to whom	1883
the application is submitted does not possess and does not have	1884
ready access to the use of an electronic fingerprint reading	1885
device, on a standard impression sheet prescribed pursuant to	1886
division (C)(2) of section 109.572 of the Revised Code. If the	1887
fingerprints are provided on a standard impression sheet, the	1888
person also shall provide the person's social security number to	1889
the sheriff.	1890

(2) A sheriff shall accept the evidence of imminent danger,	1891
the sworn affidavit, the fee, and the set of fingerprints required	1892
under division (B)(1) of this section at the times and in the	1893
manners described in division (I) of this section. Upon receipt of	1894
the evidence of imminent danger, the sworn affidavit, the fee, and	1895
the set of fingerprints required under division (B)(1) of this	1896
section, the sheriff, in the manner specified in section 311.41 of	1897
the Revised Code, immediately shall conduct or cause to be	1898
conducted the criminal records check and the incompetency records	1899
check described in section 311.41 of the Revised Code. Immediately	1900
upon receipt of the results of the records checks, the sheriff	1901
shall review the information and shall determine whether the	1902
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	1903
section 2923.125 of the Revised Code apply regarding the person.	1904
If the sheriff determines that all of criteria set forth in	1905
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	1906
Revised Code apply regarding the person, the sheriff shall	1907
immediately make available through the law enforcement automated	1908
data system all information that will be contained on the	1909
temporary emergency license for the person if one is issued, and	1910
the superintendent of the state highway patrol shall ensure that	1911
the system is so configured as to permit the transmission through	1912
the system of that information. Upon making that information	1913
available through the law enforcement automated data system, the	1914
sheriff shall immediately issue to the person a temporary	1915
emergency license to carry a concealed handgun.	1916

If the sheriff denies the issuance of a temporary emergency	1917
license to the person, the sheriff shall specify the grounds for	1918
the denial in a written notice to the person. The person may	1919
appeal the denial, or challenge criminal records check results	1920
that were the basis of the denial if applicable, in the same	1921
manners specified in division (D)(2) of section 2923.125 and in	1922
section 2923.127 of the Revised Code, regarding the denial of an	1923
application for a license to carry a concealed handgun under that	1924
section.	1925

The temporary emergency license under this division shall be	1926
in the form, and shall include all of the information, described	1927
in divisions (A)(2) and (5) of section 109.731 of the Revised	1928
Code, and also shall include a unique combination of identifying	1929
letters and numbers in accordance with division (A)(4) of that	1930
section.	1931

The temporary emergency license issued under this division is	1932
valid for ninety days and may not be renewed. A person who has	1933
been issued a temporary emergency license under this division	1934
shall not be issued another temporary emergency license unless at	1935
least four years has expired since the issuance of the prior	1936
temporary emergency license.	1937

(3) If a person seeking a temporary emergency license to	1938
carry a concealed handgun has been convicted of or pleaded guilty	1939
to an offense identified in division (D)(1)(e), (f), or (h) of	1940
section 2923.125 of the Revised Code or has been adjudicated a	1941
delinquent child for committing an act or violation identified in	1942
any of those divisions, and if a court has ordered the sealing or	1943
expungement of the records of that conviction, guilty plea, or	1944
adjudication pursuant to sections 2151.355 to 2151.358 or sections	1945
2953.31 to 2953.36 of the Revised Code or a court has granted the	1946
applicant relief pursuant to section 2923.14 of the Revised Code	1947
from the disability imposed pursuant to section 2923.13 of the	1948
Revised Code relative to that conviction, guilty plea, or	1949
adjudication, the conviction, guilty plea, or adjudication shall	1950
not be relevant for purposes of the sworn affidavit described in	1951
division (B)(1)(b) of this section, and the person may complete,	1952
and swear to the truth of, the affidavit as if the conviction,	1953
guilty plea, or adjudication never had occurred.	1954

(C) A person who holds a temporary emergency license to carry	1955
a concealed handgun has the same right to carry a concealed	1956
handgun as a person who was issued a license to carry a concealed	1957
handgun under section 2923.125 of the Revised Code, and any	1958
exceptions to the prohibitions contained in section 1547.69 and	1959
sections 2923.12 to 2923.16 of the Revised Code for a licensee	1960
under section 2923.125 of the Revised Code apply to a licensee	1961
under this section. The person is subject to the same	1962
restrictions, and to all other procedures, duties, and sanctions,	1963
that apply to a person who carries a license issued under section	1964
2923.125 of the Revised Code, other than the license renewal	1965
procedures set forth in that section.	1966

(D) A sheriff who issues a temporary emergency license to	1967
carry a concealed handgun under this section shall not require a	1968
person seeking to carry a concealed handgun in accordance with	1969
this section to submit a competency certificate as a prerequisite	1970
for issuing the license and shall comply with division (H) of	1971
section 2923.125 of the Revised Code in regards to the license.	1972
The sheriff shall suspend or revoke the license in accordance with	1973
section 2923.128 of the Revised Code. In addition to the	1974
suspension or revocation procedures set forth in section 2923.128	1975
of the Revised Code, the sheriff may revoke the license upon	1976
receiving information, verifiable by public documents, that the	1977
person is not eligible to possess a firearm under either the laws	1978
of this state or of the United States or that the person committed	1979
perjury in obtaining the license; if the sheriff revokes a license	1980
under this additional authority, the sheriff shall notify the	1981
person, by certified mail, return receipt requested, at the	1982
person's last known residence address that the license has been	1983
revoked and that the person is required to surrender the license	1984
at the sheriff's office within ten days of the date on which the	1985
notice was mailed. Division (H) of section 2923.125 of the	1986
Revised Code applies regarding any suspension or revocation of a	1987
temporary emergency license to carry a concealed handgun.	1988

(E) A sheriff who issues a temporary emergency license to	1989
carry a concealed handgun under this section shall retain, for the	1990
entire period during which the temporary emergency license is in	1991
effect, the evidence of imminent danger that the person submitted	1992
to the sheriff and that was the basis for the license, or a copy	1993
of that evidence, as appropriate.	1994

(F) If a temporary emergency license to carry a concealed	1995
handgun issued under this section is lost or is destroyed, the	1996
licensee may obtain from the sheriff who issued that license a	1997
duplicate license upon the payment of a fee of fifteen dollars and	1998
the submission of an affidavit attesting to the loss or	1999
destruction of the license. The sheriff, in accordance with the	2000
procedures prescribed in section 109.731 of the Revised Code,	2001
shall place on the replacement license a combination of	2002
identifying numbers different from the combination on the license	2003
that is being replaced.	2004

(G) The Ohio peace officer training commission shall	2005
prescribe, and shall make available to sheriffs, a standard form	2006
to be used under division (B) of this section by a person who	2007
applies for a temporary emergency license to carry a concealed	2008
handgun on the basis of imminent danger of a type described in	2009
division (A)(1)(a) of this section.	2010

(H) A sheriff who receives any fees paid by a person under	2011
this section shall deposit all fees so paid into the sheriff's	2012
concealed handgun license issuance expense fund established under	2013
section 311.42 of the Revised Code.	2014

(I) A sheriff shall accept evidence of imminent danger, a	2015
sworn affidavit, the fee, and the set of fingerprints specified in	2016
division (B)(1) of this section at any time during normal business	2017
hours. In no case shall a sheriff require an appointment, or	2018
designate a specific period of time, for the submission or	2019
acceptance of evidence of imminent danger, a sworn affidavit, the	2020
fee, and the set of fingerprints specified in division (B)(1) of	2021
this section, or for the provision to any person of a standard	2022
form to be used for a person to apply for a temporary emergency	2023
license to carry a concealed handgun.	2024

Sec. 2923.16.  (A) No person shall knowingly discharge a	2025
firearm while in or on a motor vehicle.	2026

(B) No person shall knowingly transport or have a loaded	2027
firearm in a motor vehicle in such a manner that the firearm is	2028
accessible to the operator or any passenger without leaving the	2029
vehicle.	2030

(C) No person shall knowingly transport or have a firearm in	2031
a motor vehicle, unless the person may lawfully possess that	2032
firearm under applicable law of this state or the United States,	2033
the firearm is unloaded, and the firearm is carried in one of the	2034
following ways:	2035

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

2036

(2) In a compartment that can be reached only by leaving the	2037
vehicle;	2038

(3) In plain sight and secured in a rack or holder made for	2039
the purpose;	2040

(4) If the firearm is at least twenty-four inches in overall	2041
length as measured from the muzzle to the part of the stock	2042
furthest from the muzzle and if the barrel is at least eighteen	2043
inches in length, either in plain sight with the action open or	2044
the weapon stripped, or, if the firearm is of a type on which the	2045
action will not stay open or which cannot easily be stripped, in	2046
plain sight.	2047

(D) No person shall knowingly transport or have a loaded	2048
handgun in a motor vehicle if, at the time of that transportation	2049
or possession, any of the following applies:	2050

(1) The person is under the influence of alcohol, a drug of	2051
abuse, or a combination of them.	2052

(2) The person's whole blood, blood serum or plasma, breath,	2053
or urine contains a concentration of alcohol, a listed controlled	2054
substance, or a listed metabolite of a controlled substance	2055
prohibited for persons operating a vehicle, as specified in	2056
division (A) of section 4511.19 of the Revised Code, regardless	2057
of whether the person at the time of the transportation or	2058
possession as described in this division is the operator of or a	2059
passenger in the motor vehicle.	2060

(E) No person who qualifies for a license or has been issued	2061
a valid license or temporary emergency license to carry a	2062
concealed handgun under section 2923.125 or 2923.1213 of the	2063
Revised Code shall do any of the following:	2064

(1) Knowingly transport or have a loaded handgun in a motor	2065
vehicle unless one of the following applies:	2066

(a) The loaded handgun is in a holster on the person's	2067
person.	2068

(b) The loaded handgun is in a closed case, bag, box, or	2069
other container that is in plain sight and that has a lid, a	2070
cover, or a closing mechanism with a zipper, snap, or buckle,	2071
which lid, cover, or closing mechanism must be opened for a person	2072
to gain access to the handgun.	2073

(c) The loaded handgun is securely encased by being stored in	2074
a closed glove compartment or vehicle console or in a case that is	2075
locked.	2076

(2) If the person is transporting or has a loaded handgun in	2077
a motor vehicle in a manner authorized under division (E)(1) of	2078
this section, knowingly remove or attempt to remove the loaded	2079
handgun from the holster, case, bag, box, container, or glove	2080
compartment, knowingly grasp or hold the loaded handgun, or	2081
knowingly have contact with the loaded handgun by touching it with	2082
the person's hands or fingers while the motor vehicle is being	2083
operated on a street, highway, or public property unless the	2084
person removes, attempts to remove, grasps, holds, or has the	2085
contact with the loaded handgun pursuant to and in accordance with	2086
directions given by a law enforcement officer;	2087

(3) If the person is the driver or an occupant of a motor	2088
vehicle that is stopped as a result of a traffic stop or a stop	2089
for another law enforcement purpose or is the driver or an	2090
occupant of a commercial motor vehicle that is stopped by an	2091
employee of the motor carrier enforcement unit for the purposes	2092
defined in section 5503.34 of the Revised Code, and if the person	2093
is transporting or has a loaded handgun in the motor vehicle or	2094
commercial motor vehicle in any manner, fail to do any of the	2095
following that is applicable:	2096

(a) If the person is the driver or an occupant of a motor	2097
vehicle stopped as a result of a traffic stop or a stop for	2098
another law enforcement purpose, fail to promptly inform any law	2099
enforcement officer who approaches the vehicle while stopped that	2100
the person has been issued a license or temporary emergency	2101
license to carry a concealed handgun and that the person then	2102
possesses or has a loaded handgun in the motor vehicle;	2103

(b) If the person is the driver or an occupant of a	2104
commercial motor vehicle stopped by an employee of the motor	2105
carrier enforcement unit for any of the defined purposes, fail to	2106
promptly inform the employee of the unit who approaches the	2107
vehicle while stopped that the person has been issued a license or	2108
temporary emergency license to carry a concealed handgun and that	2109
the person then possesses or has a loaded handgun in the	2110
commercial motor vehicle.	2111

(4) If the person is the driver or an occupant of a motor	2112
vehicle that is stopped as a result of a traffic stop or a stop	2113
for another law enforcement purpose and if the person is	2114
transporting or has a loaded handgun in the motor vehicle in any	2115
manner, knowingly fail to remain in the motor vehicle while	2116
stopped or knowingly fail to keep the person's hands in plain	2117
sight at any time after any law enforcement officer begins	2118
approaching the person while stopped and before the law	2119
enforcement officer leaves, unless the failure is pursuant to and	2120
in accordance with directions given by a law enforcement officer;	2121

(5) If the person, who is the driver or an occupant of a	2122
motor vehicle that is stopped as a result of a traffic stop or a	2123
stop for another law enforcement purpose, if the personand who	2124
is transporting or has a loaded handgun in the motor vehicle in a	2125
manner authorized under division (E)(1) of this section, and if	2126
the person is approached by any law enforcement officer while	2127
stopped, knowingly remove or attempt to remove the loaded handgun	2128
from the holster, case, bag, box, container, or glove	2129
compartment, knowingly grasp or hold the loaded handgun, or	2130
knowingly have contact with the loaded handgun by touching it	2131
with the person's hands or fingers in the motor vehicle at any	2132
time after the law enforcement officer begins approaching and	2133
before the law enforcement officer leavesshall, while stopped,	2134
knowingly brandish the loaded handgun in a menacing manner while	2135
a law enforcement officer is approaching the vehicle or in a law	2136
enforcement officer's presence, knowingly threaten a law	2137
enforcement officer with the loaded handgun, knowingly point the	2138
loaded handgun at a law enforcement officer, or otherwise	2139
knowingly cause a law enforcement officer to believe that the	2140
person will cause or attempt to cause physical harm to a law	2141
enforcement officer with the handgun, unless the person removes,	2142
attempts to remove, grasps, holds, or has contact with the loaded	2143
handgunengages in the conduct pursuant to and in accordance with	2144
directions given by the law enforcement officer;	2145

(6) If the person is the driver or an occupant of a motor	2146
vehicle that is stopped as a result of a traffic stop or a stop	2147
for another law enforcement purpose and if the person is	2148
transporting or has a loaded handgun in the motor vehicle in any	2149
manner, knowingly disregard or fail to comply with any lawful	2150
order of any law enforcement officer given while the motor vehicle	2151
is stopped, including, but not limited to, a specific order to the	2152
person to keep the person's hands in plain sight.	2153

(F)(1) Divisions (A), (B), and (C), and (E) of this section	2154
do not apply to any of the following:	2155

(a) An officer, agent, or employee of this or any other state	2156
or the United States, or a law enforcement officer, when	2157
authorized to carry or have loaded or accessible firearms in motor	2158
vehicles and acting within the scope of the officer's, agent's, or	2159
employee's duties;	2160

(b) Any person who is employed in this state, who is	2161
authorized to carry or have loaded or accessible firearms in motor	2162
vehicles, and who is subject to and in compliance with the	2163
requirements of section 109.801 of the Revised Code, unless the	2164
appointing authority of the person has expressly specified that	2165
the exemption provided in division (F)(1)(b) of this section does	2166
not apply to the person.	2167

(2) Division (A) of this section does not apply to a person	2168
if all of the following circumstances apply:	2169

(a) The person discharges a firearm from a motor vehicle at a	2170
coyote or groundhog, the discharge is not during the deer gun	2171
hunting season as set by the chief of the division of wildlife of	2172
the department of natural resources, and the discharge at the	2173
coyote or groundhog, but for the operation of this section, is	2174
lawful.	2175

(b) The motor vehicle from which the person discharges the	2176
firearm is on real property that is located in an unincorporated	2177
area of a township and that either is zoned for agriculture or is	2178
used for agriculture.	2179

(c) The person owns the real property described in division	2180
(F)(2)(b) of this section, is the spouse or a child of another	2181
person who owns that real property, is a tenant of another person	2182
who owns that real property, or is the spouse or a child of a	2183
tenant of another person who owns that real property.	2184

(d) The person does not discharge the firearm in any of the	2185
following manners:	2186

(i) While under the influence of alcohol, a drug of abuse, or	2187
alcohol and a drug of abuse;	2188

(ii) In the direction of a street, highway, or other public	2189
or private property used by the public for vehicular traffic or	2190
parking;	2191

(iii) At or into an occupied structure that is a permanent or	2192
temporary habitation;	2193

(iv) In the commission of any violation of law, including,	2194
but not limited to, a felony that includes, as an essential	2195
element, purposely or knowingly causing or attempting to cause the	2196
death of or physical harm to another and that was committed by	2197
discharging a firearm from a motor vehicle.	2198

(3) Division (A) of this section does not apply to a person	2199
if all of the following apply:	2200

(a) The person possesses a valid electric-powered all-purpose	2201
vehicle permit issued under section 1533.103 of the Revised Code	2202
by the chief of the division of wildlife.	2203

(b) The person discharges a firearm at a wild quadruped or	2204
game bird as defined in section 1531.01 of the Revised Code during	2205
the open hunting season for the applicable wild quadruped or game	2206
bird.	2207

(c) The person discharges a firearm from a stationary	2208
electric-powered all-purpose vehicle as defined in section 1531.01	2209
of the Revised Code or a motor vehicle that is parked on a road	2210
that is owned or administered by the division of wildlife,	2211
provided that the road is identified by an electric-powered	2212
all-purpose vehicle sign.	2213

(d) The person does not discharge the firearm in any of the	2214
following manners:	2215

(i) While under the influence of alcohol, a drug of abuse, or	2216
alcohol and a drug of abuse;	2217

(ii) In the direction of a street, a highway, or other public	2218
or private property that is used by the public for vehicular	2219
traffic or parking;	2220

(iii) At or into an occupied structure that is a permanent or	2221
temporary habitation;	2222

(iv) In the commission of any violation of law, including,	2223
but not limited to, a felony that includes, as an essential	2224
element, purposely or knowingly causing or attempting to cause the	2225
death of or physical harm to another and that was committed by	2226
discharging a firearm from a motor vehicle.	2227

(4) Division (A) of this section does not apply to a person	2228
who discharges a firearm in self-defense while in or on a motor	2229
vehicle.	2230

(5) Divisions (B) and (C) of this section do not apply to a	2231
person if all of the following circumstances apply:	2232

(a) At the time of the alleged violation of either of those	2233
divisions, the person is the operator of or a passenger in a motor	2234
vehicle.	2235

(b) The motor vehicle is on real property that is located in	2236
an unincorporated area of a township and that either is zoned for	2237
agriculture or is used for agriculture.	2238

(c) The person owns the real property described in division	2239
(D)(4)(F)(5)(b) of this section, is the spouse or a child of	2240
another person who owns that real property, is a tenant of another	2241
person who owns that real property, or is the spouse or a child of	2242
a tenant of another person who owns that real property.	2243

(d) The person, prior to arriving at the real property	2244
described in division (D)(4)(F)(5)(b) of this section, did not	2245
transport or possess a firearm in the motor vehicle in a manner	2246
prohibited by division (B) or (C) of this section while the motor	2247
vehicle was being operated on a street, highway, or other public	2248
or private property used by the public for vehicular traffic or	2249
parking.	2250

(5)(6) Divisions (B) and (C) of this section do not apply to	2251
a person who transports or possesses a handgun in a motor vehicle	2252
if, at the time of that transportation or possession, allboth of	2253
the following apply:	2254

(a) The person transporting or possessing the handgun is	2255
carryingqualifies for a license or has a valid license or	2256
temporary emergency license to carry a concealed handgun issued	2257
to the person under section 2923.125 or 2923.1213 of the Revised	2258
Code or a license to carry a concealed handgun that was issued by	2259
another state with which the attorney general has entered into a	2260
reciprocity agreement under section 109.69 of the Revised Code.	2261

(b) The person transporting or possessing the handgun is not	2262
knowingly in a place described in division (B) of section 2923.126	2263
of the Revised Code.	2264

(c) One of the following applies:

2265

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

2266

(ii) The handgun is in a closed case, bag, box, or other	2267
container that is in plain sight and that has a lid, a cover, or a	2268
closing mechanism with a zipper, snap, or buckle, which lid,	2269
cover, or closing mechanism must be opened for a person to gain	2270
access to the handgun.	2271

(iii) The handgun is securely encased by being stored in a	2272
closed glove compartment or vehicle console or in a case that is	2273
locked.	2274

(6)(7) Divisions (B) and (C) of this section do not apply to	2275
a person if all of the following apply:	2276

(a) The person possesses a valid electric-powered all-purpose	2277
vehicle permit issued under section 1533.103 of the Revised Code	2278
by the chief of the division of wildlife.	2279

(b) The person is on or in an electric-powered all-purpose	2280
vehicle as defined in section 1531.01 of the Revised Code or a	2281
motor vehicle during the open hunting season for a wild quadruped	2282
or game bird.	2283

(c) The person is on or in an electric-powered all-purpose	2284
vehicle as defined in section 1531.01 of the Revised Code or a	2285
motor vehicle that is parked on a road that is owned or	2286
administered by the division of wildlife, provided that the road	2287
is identified by an electric-powered all-purpose vehicle sign.	2288

(G)(1) The affirmative defenses authorized in divisions	2289
(D)(1) and (2)division (C) of section 2923.12 of the Revised Code	2290
are affirmative defenses to a charge under division (B) or (C) of	2291
this section that involves a firearm other than a handgun.	2292

(2) It is an affirmative defense to a charge under division	2293
(B) or (C) of this section of improperly handling firearms in a	2294
motor vehicle that the actor transported or had the firearm in the	2295
motor vehicle for any lawful purpose and while the motor vehicle	2296
was on the actor's own property, provided that this affirmative	2297
defense is not available unless the person, immediately prior to	2298
arriving at the actor's own property, did not transport or	2299
possess the firearm in a motor vehicle in a manner prohibited by	2300
division (B) or (C) of this section while the motor vehicle was	2301
being operated on a street, highway, or other public or private	2302
property used by the public for vehicular traffic.	2303

(H) No person who is charged with a violation of division	2304
(B), (C), or (D) of this section shall be required to obtain a	2305
competency certification or a license or temporary emergency	2306
license to carry a concealed handgun under section 2923.125 or	2307
2923.1213 of the Revised Code as a condition for the dismissal of	2308
the charge.	2309

(I) Whoever violates this section is guilty of improperly	2310
handling firearms in a motor vehicle. Violation of division (A) of	2311
this section is a felony of the fourth degree. Violation of	2312
division (C) of this section is a misdemeanor of the fourth	2313
degree. A violation of division (D) of this section is a felony of	2314
the fifth degree or, if the loaded handgun is concealed on the	2315
person's person, a felony of the fourth degree. Except as	2316
otherwise provided in this division, a violation of division	2317
(E)(3) of this section is a misdemeanor of the first degree, and,	2318
in addition to any other penalty or sanction imposed for the	2319
violation, the offender's license or temporary emergency license	2320
to carry a concealed handgun shall be suspended pursuant to	2321
division (A)(2) of section 2923.128 of the Revised Code. If at	2322
the time of the stop of the offender for a traffic stop, for	2323
another law enforcement purpose, or for a purpose defined in	2324
section 5503.34 of the Revised Code that was the basis of the	2325
violation any law enforcement officer involved with the stop or	2326
the employee of the motor carrier enforcement unit who made	2327
the stop had actual knowledge of the offender's status as a	2328
licensee, a violation of division (E)(3) of this section is a	2329
minor misdemeanor, and the offender's license or temporary	2330
emergency license to carry a concealed handgun shall not be	2331
suspended pursuant to division (A)(2) of section 2923.128 of	2332
the Revised Code. A violation of division (E)(1), (2), or (5)	2333
of this section is a felony of the fifth degree. A violation of	2334
division (E)(4) or (6) of this section is a misdemeanor of the	2335
first degree or, if the offender previously has been convicted	2336
of or pleaded guilty to a violation of division (E)(4) or (6)	2337
of this section, a felony of the fifth degree. In addition to	2338
any other penalty or sanction imposed for a misdemeanor	2339
violation of division (E)(4) or (6) of this section, the	2340
offender's license or temporary emergency license to carry a	2341
concealed handgun shall be suspended pursuant to division (A)(2)	2342
of section 2923.128 of the Revised Code. A violation of division	2343
(B) of this section is whichever of the following is applicable:	2344

(1) If, at the time of the transportation or possession in	2345
violation of division (B) of this section, the offender was	2346
carrying a valid license or temporary emergency license to carry a	2347
concealed handgun issued to the offender under section 2923.125 or	2348
2923.1213 of the Revised Code or a license to carry a concealed	2349
handgun that was issued by another state with which the attorney	2350
general has entered into a reciprocity agreement under section	2351
109.69 of the Revised Code and the offender was not knowingly in a	2352
place described in division (B) of section 2923.126 of the Revised	2353
Code, the violation is a misdemeanor of the first degree or, if	2354
the offender previously has been convicted of or pleaded guilty to	2355
a violation of division (B) of this section, a felony of the	2356
fourth degree.	2357

(2) If division (I)(1) of this section does not apply, a	2358
felony of the fourth degree.	2359

(J) If a law enforcement officer stops a motor vehicle for a	2360
traffic stop or any other purpose, if any person in the motor	2361
vehicle surrenders a firearm to the officer, either voluntarily or	2362
pursuant to a request or demand of the officer, and if the officer	2363
does not charge the person with a violation of this section or	2364
arrest the person for any offense, the person is not otherwise	2365
prohibited by law from possessing the firearm, and the firearm is	2366
not contraband, the officer shall return the firearm to the person	2367
at the termination of the stop. If a court orders a law	2368
enforcement officer to return a firearm to a person pursuant to	2369
the requirement set forth in this division, division (B) of	2370
section 2923.163 of the Revised Code applies.	2371

(K) As used in this section:

2372

(1) "Motor vehicle," "street," and "highway" have the same	2373
meanings as in section 4511.01 of the Revised Code.	2374

(2) "Occupied structure" has the same meaning as in section	2375
2909.01 of the Revised Code.	2376

(3) "Agriculture" has the same meaning as in section 519.01	2377
of the Revised Code.	2378

(4) "Tenant" has the same meaning as in section 1531.01 of	2379
the Revised Code.	2380

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

2381

(a) No ammunition is in the firearm in question, and no	2382
ammunition is loaded into a magazine or speed loader that may be	2383
used with the firearm in question and that is located anywhere	2384
within the vehicle in question, without regard to where	2385
ammunition otherwise is located within the vehicle in question.	2386

(b) With respect to a firearm employing a percussion cap,	2387
flintlock, or other obsolete ignition system, when the weapon is	2388
uncapped or when the priming charge is removed from the pan.	2389

(6) "Commercial motor vehicle" has the same meaning as in	2390
division (A) of section 4506.25 of the Revised Code.	2391

(7) "Motor carrier enforcement unit" means the motor carrier	2392
enforcement unit in the department of public safety, division of	2393
state highway patrol, that is created by section 5503.34 of the	2394
Revised Code.	2395

Section 2. That existing sections 1547.69, 2923.11, 2923.12,	2396
2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.128,	2397
2923.1212, 2923.1213, and 2923.16 of the Revised Code are hereby	2398
repealed.	2399

Section 3.  Section 2923.16 of the Revised Code is presented	2400
in this act as a composite of the section as amended by both Sub.	2401
S.B. 184 and Sub. S.B. 209 of the 127th General Assembly. The	2402
General Assembly, applying the principle stated in division (B)	2403
of section 1.52 of the Revised Code that amendments are to be	2404
harmonized if reasonably capable of simultaneous operation, finds	2405
that the composite is the resulting version of the section in	2406
effect prior to the effective date of the section as presented in	2407
this act.	2408