Bill Text: OH SB338 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To permit investigators of the Attorney General's office to be authorized to go armed while investigating nursing home, residential care facility, long-term care facility, Medicaid program, or patient abuse or neglect violations and be exempt from concealed weapons prohibitions in the same manner as sheriffs and police officers; to expand the options for obtaining relief from the disability under the offense of having weapons while under disability; and to modify the concealed handgun licensing law by allowing nonresidents of Ohio to be issued a standard license if they are employed in Ohio or a temporary emergency license if they are temporarily in the state, removing the six-year look-back period from the competency certification exemption for retired or honorably discharged armed forces veterans, adding a competency certification exemption for persons who have completed training at the Ohio Peace Officer Training Academy or the annual firearms recertification program, reducing the number of hours of training required for the competency certification, making a person ineligible for a license if the person has an out-of-state license that has been suspended for a reason similar to a reason that triggers the suspension of an Ohio license, repealing the statutory license application form and instead requiring the Attorney General to prescribe a form and make it available to sheriffs and online, exempting from the license renewal requirement for a specified period a person who is on active duty in the armed forces or in service with the Peace Corps, Volunteers in Service to America, or the U.S. foreign service and is a licensee or who is the spouse or dependent of such a person and is a licensee, eliminating the authority for a lessor of government land or premises to ban firearms or concealed firearms from the land or premises, and modifying the sanction for violating such a ban on private land or premises posted by the owner.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-05-12 - To Civil Justice [SB338 Detail]

Download: Ohio-2013-SB338-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 338

Senator Uecker 

Cosponsor: Senator Obhof 

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A BILL

To amend sections 109.731, 109.85, 109.86, 2923.124,

1

2923.125, 2923.126, 2923.1213, and 2923.13 and to

2

repeal section 2923.1210 of the Revised Code to

3

permit investigators of the Attorney General's

4

office to be authorized to go armed while

5

investigating nursing home, residential care

6

facility, long-term care facility, Medicaid

7

program, or patient abuse or neglect violations

8

and be exempt from concealed weapons prohibitions

9

in the same manner as sheriffs and police

10

officers; to expand the options for obtaining

11

relief from the disability under the offense of

12

having weapons while under disability; and to

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modify the concealed handgun licensing law by

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allowing nonresidents of Ohio to be issued a

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standard license if they are employed in Ohio or a

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temporary emergency license if they are

17

temporarily in the state, removing the six-year

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look-back period from the competency certification

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exemption for retired or honorably discharged

20

armed forces veterans, adding a competency

21

certification exemption for persons who have

22

completed training at the Ohio Peace Officer

23

Training Academy or the annual firearms

24

recertification program, reducing the number of

25

hours of training required for the competency

26

certification, making a person ineligible for a

27

license if the person has an out-of-state license

28

that has been suspended for a reason similar to a

29

reason that triggers the suspension of an Ohio

30

license, repealing the statutory license

31

application form and instead requiring the

32

Attorney General to prescribe a form and make it

33

available to sheriffs and online, exempting from

34

the license renewal requirement for a specified

35

period a person who is on active duty in the armed

36

forces or in service with the Peace Corps,

37

Volunteers in Service to America, or the U.S.

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foreign service and is a licensee or who is the

39

spouse or dependent of such a person and is a

40

licensee, eliminating the authority for a lessor

41

of government land or premises to ban firearms or

42

concealed firearms from the land or premises, and

43

modifying the sanction for violating such a ban on

44

private land or premises posted by the owner.

45

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

Section 1.  That sections 109.731, 109.85, 109.86, 2923.124,	46
2923.125, 2923.126, 2923.1213, and 2923.13 of the Revised Code be	47
amended to read as follows:	48

Sec. 109.731.  (A)(1) The Ohio peace officer training	49
commissionattorney general shall prescribe, and shall make	50
available to sheriffs, all of the following:	51

(1) Anan application form that is to be used under section	52
2923.125 of the Revised Code by a person who applies for a	53
concealed handgun license and an application form that is to be	54
used under section 2923.125 of the Revised Code by a person who	55
applies for the renewal of a license of that nature, both of which	56
shall conform substantially to the forms prescribed in section	57
2923.1210 of the Revised Code;	58

(2) A. The attorney general shall design the form to enable	59
applicants to provide the information that is required by law to	60
be collected, and shall update the form as necessary. Burdens or	61
restrictions to obtaining a concealed handgun license that are not	62
expressly prescribed in law shall not be incorporated into the	63
form. The attorney general shall post a printable version of the	64
form on the web site of the attorney general and shall provide the	65
address of the web site to any person who requests the form.	66

(2) The Ohio peace officer training commission shall	67
prescribe, and shall make available to sheriffs, all of the	68
following:	69

(a) A form for the concealed handgun license that is to be	70
issued by sheriffs to persons who qualify for a concealed handgun	71
license under section 2923.125 of the Revised Code and that	72
conforms to the following requirements:	73

(a)(i) It has space for the licensee's full name, residence	74
address, and date of birth and for a color photograph of the	75
licensee.	76

(b)(ii) It has space for the date of issuance of the license,	77
its expiration date, its county of issuance, the name of the	78
sheriff who issues the license, and the unique combination of	79
letters and numbers that identify the county of issuance and the	80
license given to the licensee by the sheriff in accordance with	81
division (A)(4) of this section.	82

(c)(iii) It has space for the signature of the licensee and	83
the signature or a facsimile signature of the sheriff who issues	84
the license.	85

(d)(iv) It does not require the licensee to include serial	86
numbers of handguns, other identification related to handguns, or	87
similar data that is not pertinent or relevant to obtaining the	88
license and that could be used as a de facto means of registration	89
of handguns owned by the licensee.	90

(3)(b) A series of three-letter county codes that identify	91
each county in this state;	92

(4)(c) A procedure by which a sheriff shall give each	93
concealed handgun license, replacement concealed handgun license,	94
or renewal concealed handgun license and each concealed handgun	95
license on a temporary emergency basis or replacement license on a	96
temporary emergency basis the sheriff issues under section	97
2923.125 or 2923.1213 of the Revised Code a unique combination of	98
letters and numbers that identifies the county in which the	99
license was issued and that uses the county code and a unique	100
number for each license the sheriff of that county issues;	101

(5)(d) A form for a concealed handgun license on a temporary	102
emergency basis that is to be issued by sheriffs to persons who	103
qualify for such a license under section 2923.1213 of the Revised	104
Code, which form shall conform to all the requirements set forth	105
in divisions (A)(2)(a)(i) to (d)(iv) of this section and shall	106
additionally conspicuously specify that the license is issued on a	107
temporary emergency basis and the date of its issuance.	108

(B)(1) The Ohio peace officer training commission, in	109
consultation with the attorney general, shall prepare a pamphlet	110
that does all of the following, in everyday language:	111

(a) Explains the firearms laws of this state;

112

(b) Instructs the reader in dispute resolution and explains	113
the laws of this state related to that matter;	114

(c) Provides information to the reader regarding all aspects	115
of the use of deadly force with a firearm, including, but not	116
limited to, the steps that should be taken before contemplating	117
the use of, or using, deadly force with a firearm, possible	118
alternatives to using deadly force with a firearm, and the law	119
governing the use of deadly force with a firearm.	120

(2) The attorney general shall consult with and assist the	121
commission in the preparation of the pamphlet described in	122
division (B)(1) of this section and, as necessary, shall recommend	123
to the commission changes in the pamphlet to reflect changes in	124
the law that are relevant to it. The attorney general shall	125
publish the pamphlet on the web site of the attorney general and	126
shall provide the address of the web site to any person who	127
requests the pamphlet.	128

(C) The Ohio peace officer training commission shall maintain	129
statistics with respect to the issuance, renewal, suspension,	130
revocation, and denial of concealed handgun licenses under section	131
2923.125 of the Revised Code and the suspension of processing of	132
applications for those licenses, and with respect to the issuance,	133
suspension, revocation, and denial of concealed handgun licenses	134
on a temporary emergency basis under section 2923.1213 of the	135
Revised Code, as reported by the sheriffs pursuant to division (C)	136
of section 2923.129 of the Revised Code. Not later than the first	137
day of March in each year, the commission shall submit a	138
statistical report to the governor, the president of the senate,	139
and the speaker of the house of representatives indicating the	140
number of concealed handgun licenses that were issued, renewed,	141
suspended, revoked, and denied under section 2923.125 of the	142
Revised Code in the previous calendar year, the number of	143
applications for those licenses for which processing was suspended	144
in accordance with division (D)(3) of that section in the previous	145
calendar year, and the number of concealed handgun licenses on a	146
temporary emergency basis that were issued, suspended, revoked, or	147
denied under section 2923.1213 of the Revised Code in the previous	148
calendar year. Nothing in the statistics or the statistical report	149
shall identify, or enable the identification of, any individual	150
who was issued or denied a license, for whom a license was	151
renewed, whose license was suspended or revoked, or for whom	152
application processing was suspended. The statistics and the	153
statistical report are public records for the purpose of section	154
149.43 of the Revised Code.	155

(D) As used in this section, "concealed handgun license" and	156
"handgun" have the same meanings as in section 2923.11 of the	157
Revised Code.	158

Sec. 109.85.  (A) Upon the written request of the governor,	159
the general assembly, the auditor of state, the medicaid director,	160
the director of health, or the director of budget and management,	161
or upon the attorney general's becoming aware of criminal or	162
improper activity related to Chapter 3721. of the Revised Code and	163
the medicaid program, the attorney general shall investigate any	164
criminal or civil violation of law related to Chapter 3721. of the	165
Revised Code or the medicaid program.	166

(B) When it appears to the attorney general, as a result of	167
an investigation under division (A) of this section, that there is	168
cause to prosecute for the commission of a crime or to pursue a	169
civil remedy, the attorney general may refer the evidence to the	170
prosecuting attorney having jurisdiction of the matter, or to a	171
regular grand jury drawn and impaneled pursuant to sections	172
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	173
drawn and impaneled pursuant to section 2939.17 of the Revised	174
Code, or the attorney general may initiate and prosecute any	175
necessary criminal or civil actions in any court or tribunal of	176
competent jurisdiction in this state. When proceeding under this	177
section, the attorney general, and any assistant or special	178
counsel designated by the attorney general for that purpose, have	179
all rights, privileges, and powers of prosecuting attorneys. The	180
attorney general shall have exclusive supervision and control of	181
all investigations and prosecutions initiated by the attorney	182
general under this section. The forfeiture provisions of Chapter	183
2981. of the Revised Code apply in relation to any such criminal	184
action initiated and prosecuted by the attorney general.	185

(C) Nothing in this section shall prevent a county	186
prosecuting attorney from investigating and prosecuting criminal	187
activity related to Chapter 3721. of the Revised Code and the	188
medicaid program. The forfeiture provisions of Chapter 2981. of	189
the Revised Code apply in relation to any prosecution of criminal	190
activity related to the medicaid program undertaken by the	191
prosecuting attorney.	192

Investigators conducting an investigation pursuant to this	193
section may be authorized to go armed while conducting an	194
investigation under this section and if so authorized are exempt	195
from section 2923.12 of the Revised Code in the same manner as	196
sheriffs and regularly appointed police officers.	197

Sec. 109.86.  (A) The attorney general shall investigate any	198
activity the attorney general has reasonable cause to believe is	199
in violation of section 2903.34 of the Revised Code. Upon written	200
request of the governor, the general assembly, the auditor of	201
state, or the director of health, job and family services, aging,	202
mental health and addiction services, or developmental	203
disabilities, the attorney general shall investigate any activity	204
these persons believe is in violation of section 2903.34 of the	205
Revised Code. If after an investigation the attorney general has	206
probable cause to prosecute for the commission of a crime, the	207
attorney general shall refer the evidence to the prosecuting	208
attorney, director of law, or other similar chief legal officer	209
having jurisdiction over the matter. If the prosecuting attorney	210
decides to present the evidence to a grand jury, the prosecuting	211
attorney shall notify the attorney general in writing of the	212
decision within thirty days after referral of the matter and shall	213
present the evidence prior to the discharge of the next regular	214
grand jury. If the director of law or other chief legal officer	215
decides to prosecute the case, the director or officer shall	216
notify the attorney general in writing of the decision within	217
thirty days and shall initiate prosecution within sixty days after	218
the matter was referred to the director or officer.	219

(B) If the prosecuting attorney, director of law, or other	220
chief legal officer fails to notify the attorney general or to	221
present evidence or initiate prosecution in accordance with	222
division (A) of this section, the attorney general may present the	223
evidence to a regular grand jury drawn and impaneled pursuant to	224
sections 2939.01 to 2939.24 of the Revised Code, or to a special	225
grand jury drawn and impaneled pursuant to section 2939.17 of the	226
Revised Code, or the attorney general may initiate and prosecute	227
any action in any court or tribunal of competent jurisdiction in	228
this state. The attorney general, and any assistant or special	229
counsel designated by the attorney general, have all the powers of	230
a prosecuting attorney, director of law, or other chief legal	231
officer when proceeding under this section. Nothing in this	232
section shall limit or prevent a prosecuting attorney, director of	233
law, or other chief legal officer from investigating and	234
prosecuting criminal activity committed against a resident or	235
patient of a care facility.	236

Investigators conducting an investigation pursuant to this	237
section may be authorized to go armed while conducting an	238
investigation under this section and if so authorized are exempt	239
from section 2923.12 of the Revised Code in the same manner as	240
sheriffs and regularly appointed police officers.	241

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	242
the Revised Code:	243

(A) "Application form" means the application form prescribed	244
pursuant to division (A)(1) of section 109.731 of the Revised Code	245
and includes a copy of that form.	246

(B) "Competency certification" and "competency certificate"	247
mean a document of the type described in division (B)(3) of	248
section 2923.125 of the Revised Code.	249

(C) "Detention facility" has the same meaning as in section	250
2921.01 of the Revised Code.	251

(D) "Licensee" means a person to whom a concealed handgun	252
license has been issued under section 2923.125 of the Revised Code	253
and, except when the context clearly indicates otherwise, includes	254
a person to whom a concealed handgun license on a temporary	255
emergency basis has been issued under section 2923.1213 of the	256
Revised Code and a person to whom a concealed handgun license has	257
been issued by another state.	258

(E) "License fee" or "license renewal fee" means the fee for	259
a concealed handgun license or the fee to renew that license that	260
is prescribed pursuant to division (C) of section 109.731 of the	261
Revised Code and that is to be paid by an applicant for a license	262
of that type.	263

(F) "Peace officer" has the same meaning as in section	264
2935.01 of the Revised Code.	265

(G) "State correctional institution" has the same meaning as	266
in section 2967.01 of the Revised Code.	267

(H) "Civil protection order" means a protection order issued,	268
or consent agreement approved, under section 2903.214 or 3113.31	269
of the Revised Code.	270

(I) "Temporary protection order" means a protection order	271
issued under section 2903.213 or 2919.26 of the Revised Code.	272

(J) "Protection order issued by a court of another state" has	273
the same meaning as in section 2919.27 of the Revised Code.	274

(K) "Child day-care center," "type A family day-care home"	275
and "type B family day-care home" have the same meanings as in	276
section 5104.01 of the Revised Code.	277

(L) "Foreign air transportation," "interstate air	278
transportation," and "intrastate air transportation" have the same	279
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	280

(M) "Commercial motor vehicle" has the same meaning as in	281
division (A) of section 4506.25 of the Revised Code.	282

(N) "Motor carrier enforcement unit" has the same meaning as	283
in section 2923.16 of the Revised Code.	284

Sec. 2923.125.  (A) This section applies with respect to the	285
application for and issuance by this state of concealed handgun	286
licenses other than concealed handgun licenses on a temporary	287
emergency basis that are issued under section 2923.1213 of the	288
Revised Code. Upon the request of a person who wishes to obtain a	289
concealed handgun license with respect to which this section	290
applies or to renew a concealed handgun license with respect to	291
which this section applies, a sheriff, as provided in division (I)	292
of this section, shall provide to the person free of charge an	293
application form and the web site address at which a printable	294
version of the application form that can be downloaded and the	295
pamphlet described in division (B) of section 109.731 of the	296
Revised Code may be found. A sheriff shall accept a completed	297
application form and the fee, items, materials, and information	298
specified in divisions (B)(1) to (5) of this section at the times	299
and in the manners described in division (I) of this section.	300

(B) An applicant for a concealed handgun license with respect	301
to which this section applieswho is a resident of this state	302
shall submit a completed application form and all of the following	303
material and information described in divisions (B)(1) to (5) of	304
this section to the sheriff of the county in which the applicant	305
resides or to the sheriff of any county adjacent to the county in	306
which the applicant resides. An applicant for a license who	307
resides in another state shall submit a completed application form	308
and all of the material and information described in divisions	309
(B)(1) to (6) of this section to the sheriff of the county in	310
which the applicant is employed or to the sheriff of any county	311
adjacent to the county in which the applicant is employed. An	312
applicant shall submit the following material and information to	313
the specified sheriff:	314

(1)(a) A nonrefundable license fee as described in either of	315
the following:	316

(i) For an applicant who has been a resident of this state	317
for five or more years, a fee of sixty-seven dollars;	318

(ii) For an applicant who has been a resident of this state	319
for less than five years or who is not a resident of this state,	320
but who is employed in this state, a fee of sixty-seven dollars	321
plus the actual cost of having a background check performed by the	322
federal bureau of investigation.	323

(b) No sheriff shall require an applicant to pay for the cost	324
of a background check performed by the bureau of criminal	325
identification and investigation.	326

(c) A sheriff shall waive the payment of the license fee	327
described in division (B)(1)(a) of this section in connection with	328
an initial or renewal application for a license that is submitted	329
by an applicant who is a retired peace officer, a retired person	330
described in division (B)(1)(b) of section 109.77 of the Revised	331
Code, or a retired federal law enforcement officer who, prior to	332
retirement, was authorized under federal law to carry a firearm in	333
the course of duty, unless the retired peace officer, person, or	334
federal law enforcement officer retired as the result of a mental	335
disability.	336

(d) The sheriff shall deposit all fees paid by an applicant	337
under division (B)(1)(a) of this section into the sheriff's	338
concealed handgun license issuance fund established pursuant to	339
section 311.42 of the Revised Code. The county shall distribute	340
the fees in accordance with section 311.42 of the Revised Code.	341

(2) A color photograph of the applicant that was taken within	342
thirty days prior to the date of the application;	343

(3) One or more of the following competency certifications,	344
each of which shall reflect that, regarding a certification	345
described in division (B)(3)(a), (b), (c), (e), or (f) of this	346
section, within the three years immediately preceding the	347
application the applicant has performed that to which the	348
competency certification relates and that, regarding a	349
certification described in division (B)(3)(d) of this section, the	350
applicant currently is an active or reserve member of the armed	351
forces of the United States or within the six years immediately	352
preceding the application theis a former member of the armed	353
forces of the United States and has retired from the armed forces	354
or has received an honorable discharge or retirement to which the	355
competency certification relates occurred:	356

(a) An original or photocopy of a certificate of completion	357
of a firearms safety, training, or requalification or firearms	358
safety instructor course, class, or program that was offered by or	359
under the auspices of the national rifle association and that	360
complies with the requirements set forth in division (G) of this	361
section;	362

(b) An original or photocopy of a certificate of completion	363
of a firearms safety, training, or requalification or firearms	364
safety instructor course, class, or program that satisfies all of	365
the following criteria:	366

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

367

(ii) It utilized qualified instructors who were certified by	368
the national rifle association, the executive director of the Ohio	369
peace officer training commission pursuant to section 109.75 or	370
109.78 of the Revised Code, or a governmental official or entity	371
of another state.	372

(iii) It was offered by or under the auspices of a law	373
enforcement agency of this or another state or the United States,	374
a public or private college, university, or other similar	375
postsecondary educational institution located in this or another	376
state, a firearms training school located in this or another	377
state, or another type of public or private entity or organization	378
located in this or another state.	379

(iv) It complies with the requirements set forth in division	380
(G) of this section.	381

(c) An original or photocopy of a certificate of completion	382
of a state, county, municipal, or department of natural resources	383
peace officer training school that is approved by the executive	384
director of the Ohio peace officer training commission pursuant to	385
section 109.75 of the Revised Code and that complies with the	386
requirements set forth in division (G) of this section, or the	387
applicant has satisfactorily completed and been issued a	388
certificate of completion of a basic firearms training program, a	389
firearms requalification training program, or another basic	390
training program described in section 109.78 or 109.801 of the	391
Revised Code that complies with the requirements set forth in	392
division (G) of this section;	393

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

394

(i) That the applicant is an active or reserve member of the	395
armed forces of the United States, has retired from or was	396
honorably discharged from military service in the active or	397
reserve armed forces of the United States, is a retired trooper of	398
the state highway patrol, or is a retired peace officer or federal	399
law enforcement officer described in division (B)(1) of this	400
section or a retired person described in division (B)(1)(b) of	401
section 109.77 of the Revised Code and division (B)(1) of this	402
section;	403

(ii) That, through participation in the military service or	404
through the former employment described in division (B)(3)(d)(i)	405
of this section, the applicant acquired experience with handling	406
handguns or other firearms, and the experience so acquired was	407
equivalent to training that the applicant could have acquired in a	408
course, class, or program described in division (B)(3)(a), (b), or	409
(c) of this section.	410

(e) A certificate or another similar document that evidences	411
satisfactory completion of a firearms training, safety, or	412
requalification or firearms safety instructor course, class, or	413
program that is not otherwise described in division (B)(3)(a),	414
(b), (c), or (d) of this section, that was conducted by an	415
instructor who was certified by an official or entity of the	416
government of this or another state or the United States or by the	417
national rifle association, and that complies with the	418
requirements set forth in division (G) of this section;	419

(f) An affidavit that attests to the applicant's satisfactory	420
completion of a course, class, or program described in division	421
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	422
by the applicant's instructor or an authorized representative of	423
the entity that offered the course, class, or program or under	424
whose auspices the course, class, or program was offered;	425

(g) A document that evidences that the applicant has	426
successfully completed either the Ohio peace officer training	427
program described in section 109.79 of the Revised Code or the	428
annual firearms requalification training program described in	429
section 109.801 of the Revised Code.	430

(4) A certification by the applicant that the applicant has	431
read the pamphlet prepared by the Ohio peace officer training	432
commission pursuant to section 109.731 of the Revised Code that	433
reviews firearms, dispute resolution, and use of deadly force	434
matters.	435

(5) A set of fingerprints of the applicant provided as	436
described in section 311.41 of the Revised Code through use of an	437
electronic fingerprint reading device or, if the sheriff to whom	438
the application is submitted does not possess and does not have	439
ready access to the use of such a reading device, on a standard	440
impression sheet prescribed pursuant to division (C)(2) of section	441
109.572 of the Revised Code.	442

(6) If the applicant resides in another state, adequate proof	443
of employment in Ohio.	444

(C) Upon receipt of the completed application form,	445
supporting documentation, and, if not waived, license fee of an	446
applicant under this section, a sheriff, in the manner specified	447
in section 311.41 of the Revised Code, shall conduct or cause to	448
be conducted the criminal records check and the incompetency	449
records check described in section 311.41 of the Revised Code.	450

(D)(1) Except as provided in division (D)(3) or (4) of this	451
section, within forty-five days after a sheriff's receipt of an	452
applicant's completed application form for a concealed handgun	453
license under this section, the supporting documentation, and, if	454
not waived, the license fee, the sheriff shall make available	455
through the law enforcement automated data system in accordance	456
with division (H) of this section the information described in	457
that division and, upon making the information available through	458
the system, shall issue to the applicant a concealed handgun	459
license that shall expire as described in division (D)(2)(a) of	460
this section if all of the following apply:	461

(a) The applicant is legally living in the United States, has	462
been a resident of this state for at least forty-five days, and	463
has been a resident of the county in which the person seeks the	464
license or a county adjacent to the county in which the person	465
seeks the license for at least thirty days. For purposes of	466
division (D)(1)(a) of this section:	467

(i) If, if a person is absent from the United States, from	468
this state, or from a particular county in this state in	469
compliance with military or naval orders as an active or reserve	470
member of the armed forces of the United States and if prior to	471
leaving this state in compliance with those ordersthe United	472
States the person was legally living in the United States and was	473
a resident of this state, the person, solely by reason of that	474
absence, shall not be considered to have lost the person's status	475
as living in the United States or the person's residence in this	476
state or in the county in which the person was a resident prior to	477
leaving this state in compliance with those orders, without regard	478
to whether or not the person intends to return to this state or to	479
that county, shall not be considered to have acquired a residence	480
in any other state, and shall not be considered to have become a	481
resident of any other state.	482

(ii) If a person is present in this state in compliance with	483
military or naval orders as an active or reserve member of the	484
armed forces of the United States for at least forty-five days,	485
the person shall be considered to have been a resident of this	486
state for that period of at least forty-five days, and, if a	487
person is present in a county of this state in compliance with	488
military or naval orders as an active or reserve member of the	489
armed forces of the United States for at least thirty days, the	490
person shall be considered to have been a resident of that county	491
for that period of at least thirty days.	492

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

493

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

494

(d) The applicant is not under indictment for or otherwise	495
charged with a felony; an offense under Chapter 2925., 3719., or	496
4729. of the Revised Code that involves the illegal possession,	497
use, sale, administration, or distribution of or trafficking in a	498
drug of abuse; a misdemeanor offense of violence; or a violation	499
of section 2903.14 or 2923.1211 of the Revised Code.	500

(e) Except as otherwise provided in division (D)(5)(4) of	501
this section, the applicant has not been convicted of or pleaded	502
guilty to a felony or an offense under Chapter 2925., 3719., or	503
4729. of the Revised Code that involves the illegal possession,	504
use, sale, administration, or distribution of or trafficking in a	505
drug of abuse; has not been adjudicated a delinquent child for	506
committing an act that if committed by an adult would be a felony	507
or would be an offense under Chapter 2925., 3719., or 4729. of the	508
Revised Code that involves the illegal possession, use, sale,	509
administration, or distribution of or trafficking in a drug of	510
abuse; and has not been convicted of, pleaded guilty to, or	511
adjudicated a delinquent child for committing a violation of	512
section 2903.13 of the Revised Code when the victim of the	513
violation is a peace officer, regardless of whether the applicant	514
was sentenced under division (C)(4) of that section.	515

(f) Except as otherwise provided in division (D)(5)(4) of	516
this section, the applicant, within three years of the date of the	517
application, has not been convicted of or pleaded guilty to a	518
misdemeanor offense of violence other than a misdemeanor violation	519
of section 2921.33 of the Revised Code or a violation of section	520
2903.13 of the Revised Code when the victim of the violation is a	521
peace officer, or a misdemeanor violation of section 2923.1211 of	522
the Revised Code; and has not been adjudicated a delinquent child	523
for committing an act that if committed by an adult would be a	524
misdemeanor offense of violence other than a misdemeanor violation	525
of section 2921.33 of the Revised Code or a violation of section	526
2903.13 of the Revised Code when the victim of the violation is a	527
peace officer or for committing an act that if committed by an	528
adult would be a misdemeanor violation of section 2923.1211 of the	529
Revised Code.	530

(g) Except as otherwise provided in division (D)(1)(e) of	531
this section, the applicant, within five years of the date of the	532
application, has not been convicted of, pleaded guilty to, or	533
adjudicated a delinquent child for committing two or more	534
violations of section 2903.13 or 2903.14 of the Revised Code.	535

(h) Except as otherwise provided in division (D)(5)(4) of	536
this section, the applicant, within ten years of the date of the	537
application, has not been convicted of, pleaded guilty to, or	538
adjudicated a delinquent child for committing a violation of	539
section 2921.33 of the Revised Code.	540

(i) The applicant has not been adjudicated as a mental	541
defective, has not been committed to any mental institution, is	542
not under adjudication of mental incompetence, has not been found	543
by a court to be a mentally ill person subject to hospitalization	544
by court order, and is not an involuntary patient other than one	545
who is a patient only for purposes of observation. As used in this	546
division, "mentally ill person subject to hospitalization by court	547
order" and "patient" have the same meanings as in section 5122.01	548
of the Revised Code.	549

(j) The applicant is not currently subject to a civil	550
protection order, a temporary protection order, or a protection	551
order issued by a court of another state.	552

(k) The applicant certifies that the applicant desires a	553
legal means to carry a concealed handgun for defense of the	554
applicant or a member of the applicant's family while engaged in	555
lawful activity.	556

(l) The applicant submits a competency certification of the	557
type described in division (B)(3) of this section and submits a	558
certification of the type described in division (B)(4) of this	559
section regarding the applicant's reading of the pamphlet prepared	560
by the Ohio peace officer training commission pursuant to section	561
109.731 of the Revised Code.	562

(m) The applicant currently is not subject to a suspension	563
imposed under division (A)(2) of section 2923.128 of the Revised	564
Code of a concealed handgun license that previously was issued to	565
the applicant under this section or section 2923.1213 of the	566
Revised Code or a similar suspension imposed by another state	567
regarding a concealed handgun license issued by that state.	568

(n) If the applicant resides in another state, the applicant	569
is employed in this state.	570

(2)(a) A concealed handgun license that a sheriff issues	571
under division (D)(1) of this section shall expire five years	572
after the date of issuance.	573

If a sheriff issues a license under this section, the sheriff	574
shall place on the license a unique combination of letters and	575
numbers identifying the license in accordance with the procedure	576
prescribed by the Ohio peace officer training commission pursuant	577
to section 109.731 of the Revised Code.	578

(b) If a sheriff denies an application under this section	579
because the applicant does not satisfy the criteria described in	580
division (D)(1) of this section, the sheriff shall specify the	581
grounds for the denial in a written notice to the applicant. The	582
applicant may appeal the denial pursuant to section 119.12 of the	583
Revised Code in the county served by the sheriff who denied the	584
application. If the denial was as a result of the criminal records	585
check conducted pursuant to section 311.41 of the Revised Code and	586
if, pursuant to section 2923.127 of the Revised Code, the	587
applicant challenges the criminal records check results using the	588
appropriate challenge and review procedure specified in that	589
section, the time for filing the appeal pursuant to section 119.12	590
of the Revised Code and this division is tolled during the	591
pendency of the request or the challenge and review. If the court	592
in an appeal under section 119.12 of the Revised Code and this	593
division enters a judgment sustaining the sheriff's refusal to	594
grant to the applicant a concealed handgun license, the applicant	595
may file a new application beginning one year after the judgment	596
is entered. If the court enters a judgment in favor of the	597
applicant, that judgment shall not restrict the authority of a	598
sheriff to suspend or revoke the license pursuant to section	599
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	600
the license for any proper cause that may occur after the date the	601
judgment is entered. In the appeal, the court shall have full	602
power to dispose of all costs.	603

(3) If the sheriff with whom an application for a concealed	604
handgun license was filed under this section becomes aware that	605
the applicant has been arrested for or otherwise charged with an	606
offense that would disqualify the applicant from holding the	607
license, the sheriff shall suspend the processing of the	608
application until the disposition of the case arising from the	609
arrest or charge.	610

(4) If the sheriff determines that the applicant is legally	611
living in the United States and is a resident of the county in	612
which the applicant seeks the license or of an adjacent county but	613
does not yet meet the residency requirements described in division	614
(D)(1)(a) of this section, the sheriff shall not deny the license	615
because of the residency requirements but shall not issue the	616
license until the applicant meets those residency requirements.	617

(5) If an applicant has been convicted of or pleaded guilty	618
to an offense identified in division (D)(1)(e), (f), or (h) of	619
this section or has been adjudicated a delinquent child for	620
committing an act or violation identified in any of those	621
divisions, and if a court has ordered the sealing or expungement	622
of the records of that conviction, guilty plea, or adjudication	623
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	624
2953.36, or section 2953.37 of the Revised Code or a court has	625
granted the applicant relief pursuant to section 2923.14 of the	626
Revised Code from the disability imposed pursuant to section	627
2923.13 of the Revised Code relative to that conviction, guilty	628
plea, or adjudication, the sheriff with whom the application was	629
submitted shall not consider the conviction, guilty plea, or	630
adjudication in making a determination under division (D)(1) or	631
(F) of this section or, in relation to an application for a	632
concealed handgun license on a temporary emergency basis submitted	633
under section 2923.1213 of the Revised Code, in making a	634
determination under division (B)(2) of that section.	635

(E) If a concealed handgun license issued under this section	636
is lost or is destroyed, the licensee may obtain from the sheriff	637
who issued that license a duplicate license upon the payment of a	638
fee of fifteen dollars and the submission of an affidavit	639
attesting to the loss or destruction of the license. The sheriff,	640
in accordance with the procedures prescribed in section 109.731 of	641
the Revised Code, shall place on the replacement license a	642
combination of identifying numbers different from the combination	643
on the license that is being replaced.	644

(F)(1) A(a) Except as provided in division (F)(1)(b) of this	645
section, a licensee who wishes to renew a concealed handgun	646
license issued under this section shall do so not earlier than	647
ninety days before the expiration date of the license or at any	648
time after the expiration date of the license by filing with the	649
sheriff of the county in which the applicant resides or with the	650
sheriff of an adjacent county, or in the case of a applicant who	651
resides in another state with the sheriff of the county that	652
issued the applicant's previous concealed handgun license an	653
application for renewal of the license obtained pursuant to	654
division (D) of this section, a certification by the applicant	655
that, subsequent to the issuance of the license, the applicant has	656
reread the pamphlet prepared by the Ohio peace officer training	657
commission pursuant to section 109.731 of the Revised Code that	658
reviews firearms, dispute resolution, and use of deadly force	659
matters, and a nonrefundable license renewal fee in an amount	660
determined pursuant to division (F)(4) of this section unless the	661
fee is waived.	662

(b) A person on active duty in the armed forces of the United	663
States or in service with the peace corps, volunteers in service	664
to America, or the foreign service of the United States is exempt	665
from the license requirements of this section for the period of	666
the person's active duty or service and for six months thereafter,	667
provided the person was a licensee under this section at the time	668
the person commenced the person's active duty or service or had	669
obtained a license while on active duty or service. The spouse or	670
a dependent of any such person on active duty or in service also	671
is exempt from the license requirements of this section for the	672
period of the person's active duty or service and for six months	673
thereafter, provided the spouse or dependent was a licensee under	674
this section at the time the person commenced the active duty or	675
service or had obtained a license while the person was on active	676
duty or service, and provided further that the person's active	677
duty or service resulted in the spouse or dependent relocating	678
outside of this state during the period of the active duty or	679
service. This division does not prevent such a person or the	680
person's spouse or dependent from making an application for the	681
renewal of a concealed handgun license during the period of the	682
person's active duty or service.	683

(2) A sheriff shall accept a completed renewal application,	684
the license renewal fee, and the information specified in division	685
(F)(1) of this section at the times and in the manners described	686
in division (I) of this section. Upon receipt of a completed	687
renewal application, of certification that the applicant has	688
reread the specified pamphlet prepared by the Ohio peace officer	689
training commission, and of a license renewal fee unless the fee	690
is waived, a sheriff, in the manner specified in section 311.41 of	691
the Revised Code shall conduct or cause to be conducted the	692
criminal records check and the incompetency records check	693
described in section 311.41 of the Revised Code. The sheriff shall	694
renew the license if the sheriff determines that the applicant	695
continues to satisfy the requirements described in division (D)(1)	696
of this section, except that the applicant is not required to meet	697
the requirements of division (D)(1)(l) of this section. A renewed	698
license shall expire five years after the date of issuance. A	699
renewed license is subject to division (E) of this section and	700
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	701
shall comply with divisions (D)(2) to (4)and (3) of this section	702
when the circumstances described in those divisions apply to a	703
requested license renewal. If a sheriff denies the renewal of a	704
concealed handgun license, the applicant may appeal the denial, or	705
challenge the criminal record check results that were the basis of	706
the denial if applicable, in the same manner as specified in	707
division (D)(2)(b) of this section and in section 2923.127 of the	708
Revised Code, regarding the denial of a license under this	709
section.	710

(3) A renewal application submitted pursuant to division (F)	711
of this section shall only require the licensee to list on the	712
application form information and matters occurring since the date	713
of the licensee's last application for a license pursuant to	714
division (B) or (F) of this section. A sheriff conducting the	715
criminal records check and the incompetency records check	716
described in section 311.41 of the Revised Code shall conduct the	717
check only from the date of the licensee's last application for a	718
license pursuant to division (B) or (F) of this section through	719
the date of the renewal application submitted pursuant to division	720
(F) of this section.	721

(4) An applicant for a renewal concealed handgun license	722
under this section shall submit to the sheriff of the county in	723
which the applicant resides or to the sheriff of any county	724
adjacent to the county in which the applicant resides, or in the	725
case of an applicant who resides in another state to the sheriff	726
of the county that issued the applicant's previous concealed	727
handgun license, a nonrefundable license fee as described in	728
either of the following:	729

(a) For an applicant who has been a resident of this state	730
for five or more years, a fee of fifty dollars;	731

(b) For an applicant who has been a resident of this state	732
for less than five years or who is not a resident of this state	733
but who is employed in this state, a fee of fifty dollars plus the	734
actual cost of having a background check performed by the federal	735
bureau of investigation.	736

(G)(1) Each course, class, or program described in division	737
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	738
person who takes the course, class, or program the web site	739
address at which the pamphlet prepared by the Ohio peace officer	740
training commission pursuant to section 109.731 of the Revised	741
Code that reviews firearms, dispute resolution, and use of deadly	742
force matters may be found. Each such course, class, or program	743
described in one of those divisions shall include at least twelve	744
eight hours of training in the safe handling and use of a firearm	745
that shall include training on all of the following:	746

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

747

(i) The ability to name, explain, and demonstrate the rules	748
for safe handling of a handgun and proper storage practices for	749
handguns and ammunition;	750

(ii)(b) The ability to demonstrate and explain how to handle	751
ammunition in a safe manner;	752

(iii)(c) The ability to demonstrate the knowledge, skills,	753
and attitude necessary to shoot a handgun in a safe manner;	754

(iv)(d) Gun handling training.

755

(b) At least two hours of training;

756

(e) Training that consists of range time and live-fire	757
training.	758

(2) To satisfactorily complete the course, class, or program	759
described in division (B)(3)(a), (b), (c), or (e) of this section,	760
the applicant shall pass a competency examination that shall	761
include both of the following:	762

(a) A written section on the ability to name and explain the	763
rules for the safe handling of a handgun and proper storage	764
practices for handguns and ammunition;	765

(b) A physical demonstration of competence in the use of a	766
handgun and in the rules for safe handling and storage of a	767
handgun and a physical demonstration of the attitude necessary to	768
shoot a handgun in a safe manner.	769

(3) The competency certification described in division	770
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	771
shall attest that the course, class, or program the applicant	772
successfully completed met the requirements described in division	773
(G)(1) of this section and that the applicant passed the	774
competency examination described in division (G)(2) of this	775
section.	776

(H) Upon deciding to issue a concealed handgun license,	777
deciding to issue a replacement concealed handgun license, or	778
deciding to renew a concealed handgun license pursuant to this	779
section, and before actually issuing or renewing the license, the	780
sheriff shall make available through the law enforcement automated	781
data system all information contained on the license. If the	782
license subsequently is suspended under division (A)(1) or (2) of	783
section 2923.128 of the Revised Code, revoked pursuant to division	784
(B)(1) of section 2923.128 of the Revised Code, or lost or	785
destroyed, the sheriff also shall make available through the law	786
enforcement automated data system a notation of that fact. The	787
superintendent of the state highway patrol shall ensure that the	788
law enforcement automated data system is so configured as to	789
permit the transmission through the system of the information	790
specified in this division.	791

(I) A sheriff shall accept a completed application form or	792
renewal application, and the fee, items, materials, and	793
information specified in divisions (B)(1) to (5) or division (F)	794
of this section, whichever is applicable, and shall provide an	795
application form or renewal application to any person during at	796
least fifteen hours a week and shall provide the web site address	797
at which a printable version of the application form that can be	798
downloaded and the pamphlet described in division (B) of section	799
109.731 of the Revised Code may be found at any time, upon	800
request. The sheriff shall post notice of the hours during which	801
the sheriff is available to accept or provide the information	802
described in this division.	803

Sec. 2923.126.  (A) A concealed handgun license that is	804
issued under section 2923.125 of the Revised Code shall expire	805
five years after the date of issuance. A licensee who has been	806
issued a license under that section shall be granted a grace	807
period of thirty days after the licensee's license expires during	808
which the licensee's license remains valid. Except as provided in	809
divisions (B) and (C) of this section, a licensee who has been	810
issued a concealed handgun license under section 2923.125 or	811
2923.1213 of the Revised Code may carry a concealed handgun	812
anywhere in this state if the licensee also carries a valid	813
license and valid identification when the licensee is in actual	814
possession of a concealed handgun. The licensee shall give notice	815
of any change in the licensee's residence address to the sheriff	816
who issued the license within forty-five days after that change.	817

If a licensee is the driver or an occupant of a motor vehicle	818
that is stopped as the result of a traffic stop or a stop for	819
another law enforcement purpose and if the licensee is	820
transporting or has a loaded handgun in the motor vehicle at that	821
time, the licensee shall promptly inform any law enforcement	822
officer who approaches the vehicle while stopped that the licensee	823
has been issued a concealed handgun license and that the licensee	824
currently possesses or has a loaded handgun; the licensee shall	825
not knowingly disregard or fail to comply with lawful orders of a	826
law enforcement officer given while the motor vehicle is stopped,	827
knowingly fail to remain in the motor vehicle while stopped, or	828
knowingly fail to keep the licensee's hands in plain sight after	829
any law enforcement officer begins approaching the licensee while	830
stopped and before the officer leaves, unless directed otherwise	831
by a law enforcement officer; and the licensee shall not knowingly	832
have contact with the loaded handgun by touching it with the	833
licensee's hands or fingers, in any manner in violation of	834
division (E) of section 2923.16 of the Revised Code, after any law	835
enforcement officer begins approaching the licensee while stopped	836
and before the officer leaves. Additionally, if a licensee is the	837
driver or an occupant of a commercial motor vehicle that is	838
stopped by an employee of the motor carrier enforcement unit for	839
the purposes defined in section 5503.04 of the Revised Code and if	840
the licensee is transporting or has a loaded handgun in the	841
commercial motor vehicle at that time, the licensee shall promptly	842
inform the employee of the unit who approaches the vehicle while	843
stopped that the licensee has been issued a concealed handgun	844
license and that the licensee currently possesses or has a loaded	845
handgun.	846

If a licensee is stopped for a law enforcement purpose and if	847
the licensee is carrying a concealed handgun at the time the	848
officer approaches, the licensee shall promptly inform any law	849
enforcement officer who approaches the licensee while stopped that	850
the licensee has been issued a concealed handgun license and that	851
the licensee currently is carrying a concealed handgun; the	852
licensee shall not knowingly disregard or fail to comply with	853
lawful orders of a law enforcement officer given while the	854
licensee is stopped or knowingly fail to keep the licensee's hands	855
in plain sight after any law enforcement officer begins	856
approaching the licensee while stopped and before the officer	857
leaves, unless directed otherwise by a law enforcement officer;	858
and the licensee shall not knowingly remove, attempt to remove,	859
grasp, or hold the loaded handgun or knowingly have contact with	860
the loaded handgun by touching it with the licensee's hands or	861
fingers, in any manner in violation of division (B) of section	862
2923.12 of the Revised Code, after any law enforcement officer	863
begins approaching the licensee while stopped and before the	864
officer leaves.	865

(B) A valid concealed handgun license does not authorize the	866
licensee to carry a concealed handgun in any manner prohibited	867
under division (B) of section 2923.12 of the Revised Code or in	868
any manner prohibited under section 2923.16 of the Revised Code. A	869
valid license does not authorize the licensee to carry a concealed	870
handgun into any of the following places:	871

(1) A police station, sheriff's office, or state highway	872
patrol station, premises controlled by the bureau of criminal	873
identification and investigation, a state correctional	874
institution, jail, workhouse, or other detention facility, an	875
airport passenger terminal, or an institution that is maintained,	876
operated, managed, and governed pursuant to division (A) of	877
section 5119.14 of the Revised Code or division (A)(1) of section	878
5123.03 of the Revised Code;	879

(2) A school safety zone if the licensee's carrying the	880
concealed handgun is in violation of section 2923.122 of the	881
Revised Code;	882

(3) A courthouse or another building or structure in which a	883
courtroom is located, in violation of section 2923.123 of the	884
Revised Code;	885

(4) Any premises or open air arena for which a D permit has	886
been issued under Chapter 4303. of the Revised Code if the	887
licensee's carrying the concealed handgun is in violation of	888
section 2923.121 of the Revised Code;	889

(5) Any premises owned or leased by any public or private	890
college, university, or other institution of higher education,	891
unless the handgun is in a locked motor vehicle or the licensee is	892
in the immediate process of placing the handgun in a locked motor	893
vehicle;	894

(6) Any church, synagogue, mosque, or other place of worship,	895
unless the church, synagogue, mosque, or other place of worship	896
posts or permits otherwise;	897

(7) A child day-care center, a type A family day-care home,	898
or a type B family day-care home, except that this division does	899
not prohibit a licensee who resides in a type A family day-care	900
home or a type B family day-care home from carrying a concealed	901
handgun at any time in any part of the home that is not dedicated	902
or used for day-care purposes, or from carrying a concealed	903
handgun in a part of the home that is dedicated or used for	904
day-care purposes at any time during which no children, other than	905
children of that licensee, are in the home;	906

(8) An aircraft that is in, or intended for operation in,	907
foreign air transportation, interstate air transportation,	908
intrastate air transportation, or the transportation of mail by	909
aircraft;	910

(9) Any building that is a government facility of this state	911
or a political subdivision of this state and that is not a	912
building that is used primarily as a shelter, restroom, parking	913
facility for motor vehicles, or rest facility and is not a	914
courthouse or other building or structure in which a courtroom is	915
located that is subject to division (B)(3) of this section;	916

(10) A place in which federal law prohibits the carrying of	917
handguns.	918

(C)(1) Nothing in this section shall negate or restrict a	919
rule, policy, or practice of a private employer that is not a	920
private college, university, or other institution of higher	921
education concerning or prohibiting the presence of firearms on	922
the private employer's premises or property, including motor	923
vehicles owned by the private employer. Nothing in this section	924
shall require a private employer of that nature to adopt a rule,	925
policy, or practice concerning or prohibiting the presence of	926
firearms on the private employer's premises or property, including	927
motor vehicles owned by the private employer.	928

(2)(a) A private employer shall be immune from liability in a	929
civil action for any injury, death, or loss to person or property	930
that allegedly was caused by or related to a licensee bringing a	931
handgun onto the premises or property of the private employer,	932
including motor vehicles owned by the private employer, unless the	933
private employer acted with malicious purpose. A private employer	934
is immune from liability in a civil action for any injury, death,	935
or loss to person or property that allegedly was caused by or	936
related to the private employer's decision to permit a licensee to	937
bring, or prohibit a licensee from bringing, a handgun onto the	938
premises or property of the private employer. As used in this	939
division, "private employer" includes a private college,	940
university, or other institution of higher education.	941

(b) A political subdivision shall be immune from liability in	942
a civil action, to the extent and in the manner provided in	943
Chapter 2744. of the Revised Code, for any injury, death, or loss	944
to person or property that allegedly was caused by or related to a	945
licensee bringing a handgun onto any premises or property owned,	946
leased, or otherwise under the control of the political	947
subdivision. As used in this division, "political subdivision" has	948
the same meaning as in section 2744.01 of the Revised Code.	949

(3)(a) Except as provided in division (C)(3)(b) of this	950
section, the owner or person in control of private land or	951
premises, and a private person or entity leasing land or premises	952
owned by the state, the United States, or a political subdivision	953
of the state or the United States, may post a sign in a	954
conspicuous location on that land or on those premises prohibiting	955
persons from carrying firearms or concealed firearms on or onto	956
that land or those premises. Except as otherwise provided in this	957
division, a person who knowingly violates a posted prohibition of	958
that nature is guilty of criminal trespass in violation of	959
division (A)(4) of section 2911.21 of the Revised Code and is	960
guilty of a misdemeanor of the fourth degree. If a person	961
knowingly violates a posted prohibition of that nature and the	962
posted land or premises primarily was a parking lot or other	963
parking facility, the person is not guilty of criminal trespass in	964
violation of division (A)(4) ofunder section 2911.21 of the	965
Revised Code or under any other criminal law of this state or	966
criminal law, ordinance, or resolution of a political subdivision	967
of this state, and instead is subject only to a civil cause of	968
action for trespass based on the violation.	969

(b) A landlord may not prohibit or restrict a tenant who is a	970
licensee and who on or after September 9, 2008, enters into a	971
rental agreement with the landlord for the use of residential	972
premises, and the tenant's guest while the tenant is present, from	973
lawfully carrying or possessing a handgun on those residential	974
premises.	975

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

976

(i) "Residential premises" has the same meaning as in section	977
5321.01 of the Revised Code, except "residential premises" does	978
not include a dwelling unit that is owned or operated by a college	979
or university.	980

(ii) "Landlord," "tenant," and "rental agreement" have the	981
same meanings as in section 5321.01 of the Revised Code.	982

(D) A person who holds a concealed handgun license issued by	983
another state that is recognized by the attorney general pursuant	984
to a reciprocity agreement entered into pursuant to section 109.69	985
of the Revised Code has the same right to carry a concealed	986
handgun in this state as a person who was issued a concealed	987
handgun license under section 2923.125 of the Revised Code and is	988
subject to the same restrictions that apply to a person who	989
carries a license issued under that section.	990

(E) A peace officer has the same right to carry a concealed	991
handgun in this state as a person who was issued a concealed	992
handgun license under section 2923.125 of the Revised Code. For	993
purposes of reciprocity with other states, a peace officer shall	994
be considered to be a licensee in this state.	995

(F)(1) A qualified retired peace officer who possesses a	996
retired peace officer identification card issued pursuant to	997
division (F)(2) of this section and a valid firearms	998
requalification certification issued pursuant to division (F)(3)	999
of this section has the same right to carry a concealed handgun in	1000
this state as a person who was issued a concealed handgun license	1001
under section 2923.125 of the Revised Code and is subject to the	1002
same restrictions that apply to a person who carries a license	1003
issued under that section. For purposes of reciprocity with other	1004
states, a qualified retired peace officer who possesses a retired	1005
peace officer identification card issued pursuant to division	1006
(F)(2) of this section and a valid firearms requalification	1007
certification issued pursuant to division (F)(3) of this section	1008
shall be considered to be a licensee in this state.	1009

(2)(a) Each public agency of this state or of a political	1010
subdivision of this state that is served by one or more peace	1011
officers shall issue a retired peace officer identification card	1012
to any person who retired from service as a peace officer with	1013
that agency, if the issuance is in accordance with the agency's	1014
policies and procedures and if the person, with respect to the	1015
person's service with that agency, satisfies all of the following:	1016

(i) The person retired in good standing from service as a	1017
peace officer with the public agency, and the retirement was not	1018
for reasons of mental instability.	1019

(ii) Before retiring from service as a peace officer with	1020
that agency, the person was authorized to engage in or supervise	1021
the prevention, detection, investigation, or prosecution of, or	1022
the incarceration of any person for, any violation of law and the	1023
person had statutory powers of arrest.	1024

(iii) At the time of the person's retirement as a peace	1025
officer with that agency, the person was trained and qualified to	1026
carry firearms in the performance of the peace officer's duties.	1027

(iv) Before retiring from service as a peace officer with	1028
that agency, the person was regularly employed as a peace officer	1029
for an aggregate of fifteen years or more, or, in the alternative,	1030
the person retired from service as a peace officer with that	1031
agency, after completing any applicable probationary period of	1032
that service, due to a service-connected disability, as determined	1033
by the agency.	1034

(b) A retired peace officer identification card issued to a	1035
person under division (F)(2)(a) of this section shall identify the	1036
person by name, contain a photograph of the person, identify the	1037
public agency of this state or of the political subdivision of	1038
this state from which the person retired as a peace officer and	1039
that is issuing the identification card, and specify that the	1040
person retired in good standing from service as a peace officer	1041
with the issuing public agency and satisfies the criteria set	1042
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	1043
addition to the required content specified in this division, a	1044
retired peace officer identification card issued to a person under	1045
division (F)(2)(a) of this section may include the firearms	1046
requalification certification described in division (F)(3) of this	1047
section, and if the identification card includes that	1048
certification, the identification card shall serve as the firearms	1049
requalification certification for the retired peace officer. If	1050
the issuing public agency issues credentials to active law	1051
enforcement officers who serve the agency, the agency may comply	1052
with division (F)(2)(a) of this section by issuing the same	1053
credentials to persons who retired from service as a peace officer	1054
with the agency and who satisfy the criteria set forth in	1055
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	1056
credentials so issued to retired peace officers are stamped with	1057
the word "RETIRED."	1058

(c) A public agency of this state or of a political	1059
subdivision of this state may charge persons who retired from	1060
service as a peace officer with the agency a reasonable fee for	1061
issuing to the person a retired peace officer identification card	1062
pursuant to division (F)(2)(a) of this section.	1063

(3) If a person retired from service as a peace officer with	1064
a public agency of this state or of a political subdivision of	1065
this state and the person satisfies the criteria set forth in	1066
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	1067
may provide the retired peace officer with the opportunity to	1068
attend a firearms requalification program that is approved for	1069
purposes of firearms requalification required under section	1070
109.801 of the Revised Code. The retired peace officer may be	1071
required to pay the cost of the course.	1072

If a retired peace officer who satisfies the criteria set	1073
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	1074
firearms requalification program that is approved for purposes of	1075
firearms requalification required under section 109.801 of the	1076
Revised Code, the retired peace officer's successful completion of	1077
the firearms requalification program requalifies the retired peace	1078
officer for purposes of division (F) of this section for five	1079
years from the date on which the program was successfully	1080
completed, and the requalification is valid during that five-year	1081
period. If a retired peace officer who satisfies the criteria set	1082
forth in divisions (F)(2)(a)(i) to (iv) of this section	1083
satisfactorily completes such a firearms requalification program,	1084
the retired peace officer shall be issued a firearms	1085
requalification certification that identifies the retired peace	1086
officer by name, identifies the entity that taught the program,	1087
specifies that the retired peace officer successfully completed	1088
the program, specifies the date on which the course was	1089
successfully completed, and specifies that the requalification is	1090
valid for five years from that date of successful completion. The	1091
firearms requalification certification for a retired peace officer	1092
may be included in the retired peace officer identification card	1093
issued to the retired peace officer under division (F)(2) of this	1094
section.	1095

A retired peace officer who attends a firearms	1096
requalification program that is approved for purposes of firearms	1097
requalification required under section 109.801 of the Revised Code	1098
may be required to pay the cost of the program.	1099

(G) As used in this section:

1100

(1) "Qualified retired peace officer" means a person who	1101
satisfies all of the following:	1102

(a) The person satisfies the criteria set forth in divisions	1103
(F)(2)(a)(i) to (v) of this section.	1104

(b) The person is not under the influence of alcohol or	1105
another intoxicating or hallucinatory drug or substance.	1106

(c) The person is not prohibited by federal law from	1107
receiving firearms.	1108

(2) "Retired peace officer identification card" means an	1109
identification card that is issued pursuant to division (F)(2) of	1110
this section to a person who is a retired peace officer.	1111

(3) "Government facility of this state or a political	1112
subdivision of this state" means any of the following:	1113

(a) A building or part of a building that is owned or leased	1114
by the government of this state or a political subdivision of this	1115
state and where employees of the government of this state or the	1116
political subdivision regularly are present for the purpose of	1117
performing their official duties as employees of the state or	1118
political subdivision;	1119

(b) The office of a deputy registrar serving pursuant to	1120
Chapter 4503. of the Revised Code that is used to perform deputy	1121
registrar functions.	1122

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

1123

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

1124

(a) A statement sworn by the person seeking to carry a	1125
concealed handgun that is made under threat of perjury and that	1126
states that the person has reasonable cause to fear a criminal	1127
attack upon the person or a member of the person's family, such as	1128
would justify a prudent person in going armed;	1129

(b) A written document prepared by a governmental entity or	1130
public official describing the facts that give the person seeking	1131
to carry a concealed handgun reasonable cause to fear a criminal	1132
attack upon the person or a member of the person's family, such as	1133
would justify a prudent person in going armed. Written documents	1134
of this nature include, but are not limited to, any temporary	1135
protection order, civil protection order, protection order issued	1136
by another state, or other court order, any court report, and any	1137
report filed with or made by a law enforcement agency or	1138
prosecutor.	1139

(2) "Prosecutor" has the same meaning as in section 2935.01	1140
of the Revised Code.	1141

(B)(1) A person seeking a concealed handgun license on a	1142
temporary emergency basis shall submit to the sheriff of the	1143
county in which the person resides or in the case of a person who	1144
usually resides in another state, to the sheriff of the county in	1145
which the person is temporarily staying all of the following:	1146

(a) Evidence of imminent danger to the person or a member of	1147
the person's family;	1148

(b) A sworn affidavit that contains all of the information	1149
required to be on the license and attesting that the person is	1150
legally living in the United States; is at least twenty-one years	1151
of age; is not a fugitive from justice; is not under indictment	1152
for or otherwise charged with an offense identified in division	1153
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	1154
convicted of or pleaded guilty to an offense, and has not been	1155
adjudicated a delinquent child for committing an act, identified	1156
in division (D)(1)(e) of that section and to which division (B)(3)	1157
of this section does not apply; within three years of the date of	1158
the submission, has not been convicted of or pleaded guilty to an	1159
offense, and has not been adjudicated a delinquent child for	1160
committing an act, identified in division (D)(1)(f) of that	1161
section and to which division (B)(3) of this section does not	1162
apply; within five years of the date of the submission, has not	1163
been convicted of, pleaded guilty, or adjudicated a delinquent	1164
child for committing two or more violations identified in division	1165
(D)(1)(g) of that section; within ten years of the date of the	1166
submission, has not been convicted of, pleaded guilty, or	1167
adjudicated a delinquent child for committing a violation	1168
identified in division (D)(1)(h) of that section and to which	1169
division (B)(3) of this section does not apply; has not been	1170
adjudicated as a mental defective, has not been committed to any	1171
mental institution, is not under adjudication of mental	1172
incompetence, has not been found by a court to be a mentally ill	1173
person subject to hospitalization by court order, and is not an	1174
involuntary patient other than one who is a patient only for	1175
purposes of observation, as described in division (D)(1)(i) of	1176
that section; is not currently subject to a civil protection	1177
order, a temporary protection order, or a protection order issued	1178
by a court of another state, as described in division (D)(1)(j) of	1179
that section; and is not currently subject to a suspension imposed	1180
under division (A)(2) of section 2923.128 of the Revised Code of a	1181
concealed handgun license that previously was issued to the person	1182
or a similar suspension imposed by another state regarding a	1183
concealed handgun license issued by that state;	1184

(c) A nonrefundable temporary emergency license fee as	1185
described in either of the following:	1186

(i) For an applicant who has been a resident of this state	1187
for five or more years, a fee of fifteen dollars plus the actual	1188
cost of having a background check performed by the bureau of	1189
criminal identification and investigation pursuant to section	1190
311.41 of the Revised Code;	1191

(ii) For an applicant who has been a resident of this state	1192
for less than five years or who is not a resident of this state,	1193
but is temporarily staying in this state, a fee of fifteen dollars	1194
plus the actual cost of having background checks performed by the	1195
federal bureau of investigation and the bureau of criminal	1196
identification and investigation pursuant to section 311.41 of the	1197
Revised Code.	1198

(d) A set of fingerprints of the applicant provided as	1199
described in section 311.41 of the Revised Code through use of an	1200
electronic fingerprint reading device or, if the sheriff to whom	1201
the application is submitted does not possess and does not have	1202
ready access to the use of an electronic fingerprint reading	1203
device, on a standard impression sheet prescribed pursuant to	1204
division (C)(2) of section 109.572 of the Revised Code. If the	1205
fingerprints are provided on a standard impression sheet, the	1206
person also shall provide the person's social security number to	1207
the sheriff.	1208

(2) A sheriff shall accept the evidence of imminent danger,	1209
the sworn affidavit, the fee, and the set of fingerprints required	1210
under division (B)(1) of this section at the times and in the	1211
manners described in division (I) of this section. Upon receipt of	1212
the evidence of imminent danger, the sworn affidavit, the fee, and	1213
the set of fingerprints required under division (B)(1) of this	1214
section, the sheriff, in the manner specified in section 311.41 of	1215
the Revised Code, immediately shall conduct or cause to be	1216
conducted the criminal records check and the incompetency records	1217
check described in section 311.41 of the Revised Code. Immediately	1218
upon receipt of the results of the records checks, the sheriff	1219
shall review the information and shall determine whether the	1220
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	1221
section 2923.125 of the Revised Code apply regarding the person.	1222
If the sheriff determines that all of criteria set forth in	1223
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	1224
Revised Code apply regarding the person, the sheriff shall	1225
immediately make available through the law enforcement automated	1226
data system all information that will be contained on the	1227
temporary emergency license for the person if one is issued, and	1228
the superintendent of the state highway patrol shall ensure that	1229
the system is so configured as to permit the transmission through	1230
the system of that information. Upon making that information	1231
available through the law enforcement automated data system, the	1232
sheriff shall immediately issue to the person a concealed handgun	1233
license on a temporary emergency basis.	1234

If the sheriff denies the issuance of a license on a	1235
temporary emergency basis to the person, the sheriff shall specify	1236
the grounds for the denial in a written notice to the person. The	1237
person may appeal the denial, or challenge criminal records check	1238
results that were the basis of the denial if applicable, in the	1239
same manners specified in division (D)(2) of section 2923.125 and	1240
in section 2923.127 of the Revised Code, regarding the denial of	1241
an application for a concealed handgun license under that section.	1242

The license on a temporary emergency basis issued under this	1243
division shall be in the form, and shall include all of the	1244
information, described in divisions (A)(2)(a) and (5)(d) of	1245
section 109.731 of the Revised Code, and also shall include a	1246
unique combination of identifying letters and numbers in	1247
accordance with division (A)(4)(2)(c) of that section.	1248

The license on a temporary emergency basis issued under this	1249
division is valid for ninety days and may not be renewed. A person	1250
who has been issued a license on a temporary emergency basis under	1251
this division shall not be issued another license on a temporary	1252
emergency basis unless at least four years has expired since the	1253
issuance of the prior license on a temporary emergency basis.	1254

(3) If a person seeking a concealed handgun license on a	1255
temporary emergency basis has been convicted of or pleaded guilty	1256
to an offense identified in division (D)(1)(e), (f), or (h) of	1257
section 2923.125 of the Revised Code or has been adjudicated a	1258
delinquent child for committing an act or violation identified in	1259
any of those divisions, and if a court has ordered the sealing or	1260
expungement of the records of that conviction, guilty plea, or	1261
adjudication pursuant to sections 2151.355 to 2151.358 or sections	1262
2953.31 to 2953.36 of the Revised Code or a court has granted the	1263
applicant relief pursuant to section 2923.14 of the Revised Code	1264
from the disability imposed pursuant to section 2923.13 of the	1265
Revised Code relative to that conviction, guilty plea, or	1266
adjudication, the conviction, guilty plea, or adjudication shall	1267
not be relevant for purposes of the sworn affidavit described in	1268
division (B)(1)(b) of this section, and the person may complete,	1269
and swear to the truth of, the affidavit as if the conviction,	1270
guilty plea, or adjudication never had occurred.	1271

(4) The sheriff shall waive the payment pursuant to division	1272
(B)(1)(c) of this section of the license fee in connection with an	1273
application that is submitted by an applicant who is a retired	1274
peace officer, a retired person described in division (B)(1)(b) of	1275
section 109.77 of the Revised Code, or a retired federal law	1276
enforcement officer who, prior to retirement, was authorized under	1277
federal law to carry a firearm in the course of duty, unless the	1278
retired peace officer, person, or federal law enforcement officer	1279
retired as the result of a mental disability.	1280

The sheriff shall deposit all fees paid by an applicant under	1281
division (B)(1)(c) of this section into the sheriff's concealed	1282
handgun license issuance fund established pursuant to section	1283
311.42 of the Revised Code.	1284

(C) A person who holds a concealed handgun license on a	1285
temporary emergency basis has the same right to carry a concealed	1286
handgun as a person who was issued a concealed handgun license	1287
under section 2923.125 of the Revised Code, and any exceptions to	1288
the prohibitions contained in section 1547.69 and sections 2923.12	1289
to 2923.16 of the Revised Code for a licensee under section	1290
2923.125 of the Revised Code apply to a licensee under this	1291
section. The person is subject to the same restrictions, and to	1292
all other procedures, duties, and sanctions, that apply to a	1293
person who carries a license issued under section 2923.125 of the	1294
Revised Code, other than the license renewal procedures set forth	1295
in that section.	1296

(D) A sheriff who issues a concealed handgun license on a	1297
temporary emergency basis under this section shall not require a	1298
person seeking to carry a concealed handgun in accordance with	1299
this section to submit a competency certificate as a prerequisite	1300
for issuing the license and shall comply with division (H) of	1301
section 2923.125 of the Revised Code in regards to the license.	1302
The sheriff shall suspend or revoke the license in accordance with	1303
section 2923.128 of the Revised Code. In addition to the	1304
suspension or revocation procedures set forth in section 2923.128	1305
of the Revised Code, the sheriff may revoke the license upon	1306
receiving information, verifiable by public documents, that the	1307
person is not eligible to possess a firearm under either the laws	1308
of this state or of the United States or that the person committed	1309
perjury in obtaining the license; if the sheriff revokes a license	1310
under this additional authority, the sheriff shall notify the	1311
person, by certified mail, return receipt requested, at the	1312
person's last known residence address that the license has been	1313
revoked and that the person is required to surrender the license	1314
at the sheriff's office within ten days of the date on which the	1315
notice was mailed. Division (H) of section 2923.125 of the Revised	1316
Code applies regarding any suspension or revocation of a concealed	1317
handgun license on a temporary emergency basis.	1318

(E) A sheriff who issues a concealed handgun license on a	1319
temporary emergency basis under this section shall retain, for the	1320
entire period during which the license is in effect, the evidence	1321
of imminent danger that the person submitted to the sheriff and	1322
that was the basis for the license, or a copy of that evidence, as	1323
appropriate.	1324

(F) If a concealed handgun license on a temporary emergency	1325
basis issued under this section is lost or is destroyed, the	1326
licensee may obtain from the sheriff who issued that license a	1327
duplicate license upon the payment of a fee of fifteen dollars and	1328
the submission of an affidavit attesting to the loss or	1329
destruction of the license. The sheriff, in accordance with the	1330
procedures prescribed in section 109.731 of the Revised Code,	1331
shall place on the replacement license a combination of	1332
identifying numbers different from the combination on the license	1333
that is being replaced.	1334

(G) The Ohio peace officer training commissionattorney	1335
general shall prescribe, and shall make available to sheriffs, a	1336
standard form to be used under division (B) of this section by a	1337
person who applies for a concealed handgun license on a temporary	1338
emergency basis on the basis of imminent danger of a type	1339
described in division (A)(1)(a) of this section. The attorney	1340
general shall design the form to enable applicants to provide the	1341
information that is required by law to be collected, and shall	1342
update the form as necessary. Burdens or restrictions to obtaining	1343
a concealed handgun license that are not expressly prescribed in	1344
law shall not be incorporated into the form. The attorney general	1345
shall post a printable version of the form on the web site of the	1346
attorney general and shall provide the address of the web site to	1347
any person who requests the form.	1348

(H) A sheriff who receives any fees paid by a person under	1349
this section shall deposit all fees so paid into the sheriff's	1350
concealed handgun license issuance expense fund established under	1351
section 311.42 of the Revised Code.	1352

(I) A sheriff shall accept evidence of imminent danger, a	1353
sworn affidavit, the fee, and the set of fingerprints specified in	1354
division (B)(1) of this section at any time during normal business	1355
hours. In no case shall a sheriff require an appointment, or	1356
designate a specific period of time, for the submission or	1357
acceptance of evidence of imminent danger, a sworn affidavit, the	1358
fee, and the set of fingerprints specified in division (B)(1) of	1359
this section, or for the provision to any person of a standard	1360
form to be used for a person to apply for a concealed handgun	1361
license on a temporary emergency basis.	1362

Sec. 2923.13.  (A) Unless relieved from disability as	1363
provided in section 2923.14 of the Revised Codeunder operation of	1364
law or legal process, no person shall knowingly acquire, have,	1365
carry, or use any firearm or dangerous ordnance, if any of the	1366
following apply:	1367

(1) The person is a fugitive from justice.

1368

(2) The person is under indictment for or has been convicted	1369
of any felony offense of violence or has been adjudicated a	1370
delinquent child for the commission of an offense that, if	1371
committed by an adult, would have been a felony offense of	1372
violence.	1373

(3) The person is under indictment for or has been convicted	1374
of any felony offense involving the illegal possession, use, sale,	1375
administration, distribution, or trafficking in any drug of abuse	1376
or has been adjudicated a delinquent child for the commission of	1377
an offense that, if committed by an adult, would have been a	1378
felony offense involving the illegal possession, use, sale,	1379
administration, distribution, or trafficking in any drug of abuse.	1380

(4) The person is drug dependent, in danger of drug	1381
dependence, or a chronic alcoholic.	1382

(5) The person is under adjudication of mental incompetence,	1383
has been adjudicated as a mental defective, has been committed to	1384
a mental institution, has been found by a court to be a mentally	1385
ill person subject to hospitalization by court order, or is an	1386
involuntary patient other than one who is a patient only for	1387
purposes of observation. As used in this division, "mentally ill	1388
person subject to hospitalization by court order" and "patient"	1389
have the same meanings as in section 5122.01 of the Revised Code.	1390

(B) Whoever violates this section is guilty of having weapons	1391
while under disability, a felony of the third degree.	1392

Section 2.  That existing sections 109.731, 109.85, 109.86,	1393
2923.124, 2923.125, 2923.126, 2923.1213, and 2923.13 and section	1394
2923.1210 of the Revised Code are hereby repealed.	1395

Section 3.  Section 2923.124 of the Revised Code is presented	1396
in this act as a composite of the section as amended by both Am.	1397
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly.	1398
The General Assembly, applying the principle stated in division	1399
(B) of section 1.52 of the Revised Code that amendments are to be	1400
harmonized if reasonably capable of simultaneous operation, finds	1401
that the composite is the resulting version of the section in	1402
effect prior to the effective date of the section as presented in	1403
this act.	1404