As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 91

Representatives Brinkman, Hood, Blasdel, Bubp, Buehrer, Collier, Daniels, Faber, Fessler, Gibbs, Gilb, Hagan, Hoops, Law, Raga, Raussen, Reidelbach, Schaffer, Schneider, Seaver, Seitz, J. Stewart, Taylor, Uecker, Willamowski 

---

A BILL

To amend sections 1547.69, 2923.12, 2923.122,

1

2923.123, 2923.124, 2923.125, 2923.126, 2923.129,

2

2923.1212, and 2923.16 of the Revised Code to

3

authorize a person to carry a concealed handgun

4

without obtaining a license to the same extent as

5

if the person had obtained such a license if the

6

person qualifies for a concealed carry license and

7

is legally permitted to purchase a handgun; to

8

remove the requirements that a concealed carry

9

licensee must be carrying the license in order to

10

carry a concealed handgun, must inform approaching

11

law enforcement officers that the person has a

12

license and is carrying the handgun when the

13

person is carrying a concealed handgun, and must

14

submit a new or renewed competency certification

15

when renewing the license; to eliminate as

16

premises in which a concealed carry licensee may

17

not carry a concealed handgun public or private

18

institutions of higher education, places of

19

worship, day-care centers and homes, and

20

government buildings other than schools,

21

courthouses, law enforcement offices, and

22

correctional facilities; to replace the

23

prohibitions that apply only to a concealed carry

24

licensee who is carrying a handgun in a motor

25

vehicle with a prohibition against a licensee who

26

is in a motor vehicle that is stopped by a law

27

enforcement officer knowingly menacing or

28

threatening an officer with a loaded handgun or

29

knowingly pointing a loaded handgun at an officer;

30

to remove the "in plain sight or secure

31

encasement" criterion that a concealed carry

32

licensee must satisfy to legally possess a handgun

33

in a motor vehicle; to provide a self-defense

34

exemption from the prohibitions against

35

discharging a firearm in or on a vessel or motor

36

vehicle; and to repeal the "Journalist exception"

37

to the provision that otherwise makes confidential

38

the records a sheriff possesses regarding

39

concealed handgun licenses and applications for

40

such licenses.

41

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

Section 1. That sections 1547.69, 2923.12, 2923.122,	42
2923.123, 2923.124, 2923.125, 2923.126, 2923.129, 2923.1212, and	43
2923.16 of the Revised Code be amended to read as follows:	44

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

45

(1) "Firearm" and "handgun" have the same meanings as in	46
section 2923.11 of the Revised Code.	47

(2) "Unloaded" has the same meaning as in section 2923.16 of	48
the Revised Code.	49

(B) No person shall knowingly discharge a firearm while in or	50
on a vessel.	51

(C) No person shall knowingly transport or have a loaded	52
firearm in a vessel in a manner that the firearm is accessible to	53
the operator or any passenger.	54

(D) No person shall knowingly transport or have a firearm in	55
a vessel unless it is unloaded and is carried in one of the	56
following ways:	57

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

58

(2) In plain sight with the action opened or the weapon	59
stripped, or, if the firearm is of a type on which the action will	60
not stay open or that cannot easily be stripped, in plain sight.	61

(E)(1) The affirmative defenses authorized in divisions	62
(D)(C)(1) and (2) of section 2923.12 of the Revised Code are	63
affirmative defenses to a charge under division (C) or (D) of this	64
section that involves a firearm other than a handgun. It is an	65
affirmative defense to a charge under division (C) or (D) of this	66
section of transporting or having a firearm of any type, including	67
a handgun, in a vessel that the actor transported or had the	68
firearm in the vessel for any lawful purpose and while the vessel	69
was on the actor's own property, provided that this affirmative	70
defense is not available unless the actor, prior to arriving at	71
the vessel on the actor's own property, did not transport or	72
possess the firearm in the vessel or in a motor vehicle in a	73
manner prohibited by this section or division (B) or (C) of	74
section 2923.16 of the Revised Code while the vessel was being	75
operated on a waterway that was not on the actor's own property or	76
while the motor vehicle was being operated on a street, highway,	77
or other public or private property used by the public for	78
vehicular traffic.	79

(2) No person who is charged with a violation of division (C)	80
or (D) of this section shall be required to obtain a license or	81
temporary emergency license to carry a concealed handgun under	82
section 2923.125 or 2923.1213 of the Revised Code as a condition	83
for the dismissal of the charge.	84

(F) Divisions (B), (C), and (D) of this section do not apply	85
to the possession or discharge of a United States coast guard	86
approved signaling device required to be carried aboard a vessel	87
under section 1547.251 of the Revised Code when the signaling	88
device is possessed or used for the purpose of giving a visual	89
distress signal. No person shall knowingly transport or possess	90
any signaling device of that nature in or on a vessel in a loaded	91
condition at any time other than immediately prior to the	92
discharge of the signaling device for the purpose of giving a	93
visual distress signal.	94

(G) No person shall operate or permit to be operated any	95
vessel on the waters in this state in violation of this section.	96

(H)(1) This section does not apply to officers, agents, or	97
employees of this or any other state or of the United States, or	98
to law enforcement officers, when authorized to carry or have	99
loaded or accessible firearms in a vessel and acting within the	100
scope of their duties, and this section does not apply to persons	101
legally engaged in hunting. Divisions	102

(2) Division (B) of this section does not apply to a person	103
who discharges a firearm in self-defense while in or on a vessel.	104

(3) Divisions (C) and (D) of this section do not apply to a	105
any of the following:	106

(a) A person who transports or possesses a handgun in a	107
vessel and who, at the time of that transportation or possession,	108
is carrying a valid, who has been issued a license or temporary	109
emergency license to carry a concealed handgun issued to the	110
person under section 2923.125 or 2923.1213 of the Revised Code or	111
a license to carry a concealed handgun that was issued by another	112
state with which the attorney general has entered into a	113
reciprocity agreement under section 109.69 of the Revised Code,	114
unless the personwhose license or temporary emergency license	115
issued as described in this division is valid at the time of the	116
alleged transportation or possession of the handgun, and who at	117
the time of the alleged transportation or possession of the	118
handgun is not knowingly is in a place on the vessel described in	119
division (B) of section 2923.126 of the Revised Code. The	120
exemption provided in division (H)(3)(a) of this section applies	121
to a person who has been issued a license or temporary emergency	122
license as described in division (H)(3)(a) of this section and who	123
satisfies the criteria specified for the exemption regardless of	124
whether the person, at the time of the alleged transportation or	125
possession of the handgun, is carrying that license or temporary	126
emergency license.	127

(b) A person who transports or possesses a handgun in a	128
vessel and who, at the time of the alleged transportation or	129
possession of the handgun, is legally permitted to purchase a	130
firearm under the laws of this state and the United States, would	131
meet all the requirements for a license to carry a concealed	132
handgun under division (D)(1) of section 2923.125 of the Revised	133
Code if the person had submitted an application for a license to	134
carry a concealed handgun at that time, and is not knowingly in a	135
place described in division (B) of section 2923.126 of the Revised	136
Code. For purposes of division (H)(3)(b) of this section, a person	137
would meet the requirement for a license that is specified in	138
division (D)(1)(l) of section 2923.125 of the Revised Code if the	139
person has a competency certification of any type described in	140
division (B)(3) of that section, and the person has read the	141
pamphlet described in division (B)(4) of that section, regardless	142
of whether the person has submitted to another person	143
certifications of the types described in divisions (B)(3) and (4)	144
of that section.	145

(I) If a law enforcement officer stops a vessel for a	146
violation of this section or any other law enforcement purpose, if	147
any person on the vessel surrenders a firearm to the officer,	148
either voluntarily or pursuant to a request or demand of the	149
officer, and if the officer does not charge the person with a	150
violation of this section or arrest the person for any offense,	151
the person is not otherwise prohibited by law from possessing the	152
firearm, and the firearm is not contraband, the officer shall	153
return the firearm to the person at the termination of the stop.	154

Sec. 2923.12.  (A) No person shall knowingly carry or have,	155
concealed on the person's person or concealed ready at hand, any	156
of the following:	157

(1) A deadly weapon other than a handgun;

158

(2) A handgun other than a dangerous ordnance;

159

(3) A dangerous ordnance.

160

(B) No person who has been issued a license or temporary	161
emergency license to carry a concealed handgun under section	162
2923.125 or 2923.1213 of the Revised Code or a license to carry a	163
concealed hangun that was issued by another state with which the	164
attorney general has entered into a reciprocity agreement under	165
section 109.69 of the Revised Code, who is stopped for a law	166
enforcement purpose, and who is carrying a concealed handgun shall	167
fail to promptly inform any law enforcement officer who approaches	168
the person after the person has been stopped that the person has	169
been issued a license or temporary emergency license to carry a	170
concealed handgun and that the person then is carrying a concealed	171
handgun.	172

(C)(1) This section does not apply to officers, agents, or	173
employees of this or any other state or the United States, or to	174
law enforcement officers, authorized to carry concealed weapons or	175
dangerous ordnance and acting within the scope of their duties.	176

(2) Division (A)(2) of this section does not apply to any of	177
the following:	178

(a) An officer, agent, or employee of this or any other state	179
or the United States, or a law enforcement officer, who is	180
authorized to carry a handgun and acting within the scope of the	181
officer's, agent's, or employee's duties;	182

(b) A person who, at the time of the alleged carrying or	183
possession of a handgun, is carrying a validhas been issued a	184
license or temporary emergency license to carry a concealed	185
handgun issued to the person under section 2923.125 or 2923.1213	186
of the Revised Code or a license to carry a concealed handgun that	187
was issued by another state with which the attorney general has	188
entered into a reciprocity agreement under section 109.69 of the	189
Revised Code, unless the personwhose license or temporary	190
emergency license issued as described in this division is valid at	191
the time of the alleged carrying or possession of a handgun, and	192
who at the time of the alleged carrying or possession of the	193
handgun is not knowingly is in a place described in division (B)	194
of section 2923.126 of the Revised Code. The exemption provided in	195
division (B)(2)(b) of this section applies to a person who has	196
been issued a license or temporary emergency license as described	197
in division (B)(2)(b) of this section and who satisfies the other	198
criteria specified for the exemption regardless of whether the	199
person, at the time of the alleged carrying or possession of the	200
handgun, is carrying that license or temporary emergency license.	201

(c) A person who, at the time of the alleged carrying or	202
possession of a handgun, is legally permitted to purchase a	203
firearm under the laws of this state and the United States, would	204
meet all the requirements for a license to carry a concealed	205
handgun under division (D)(1) of section 2923.125 of the Revised	206
Code if the person had submitted an application for a license to	207
carry a concealed handgun at that time, and is not knowingly in a	208
place described in division (B) of section 2923.126 of the Revised	209
Code. For purposes of division (B)(2)(c) of this section, a person	210
would meet the requirement for a license that is specified in	211
division (D)(1)(l) of section 2923.125 of the Revised Code if the	212
person has a competency certification of any type described in	213
division (B)(3) of that section, and the person has read the	214
pamphlet described in division (B)(4) of that section, regardless	215
of whether the person has submitted to another person	216
certifications of the types described in divisions (B)(3) and (4)	217
of that section.	218

(D)(C) It is an affirmative defense to a charge under	219
division (A)(1) of this section of carrying or having control of a	220
weapon other than a handgun and other than a dangerous ordnance	221
that the actor was not otherwise prohibited by law from having the	222
weapon and that any of the following applies:	223

(1) The weapon was carried or kept ready at hand by the actor	224
for defensive purposes while the actor was engaged in or was going	225
to or from the actor's lawful business or occupation, which	226
business or occupation was of a character or was necessarily	227
carried on in a manner or at a time or place as to render the	228
actor particularly susceptible to criminal attack, such as would	229
justify a prudent person in going armed.	230

(2) The weapon was carried or kept ready at hand by the actor	231
for defensive purposes while the actor was engaged in a lawful	232
activity and had reasonable cause to fear a criminal attack upon	233
the actor, a member of the actor's family, or the actor's home,	234
such as would justify a prudent person in going armed.	235

(3) The weapon was carried or kept ready at hand by the actor	236
for any lawful purpose and while in the actor's own home.	237

(4) The weapon was being transported in a motor vehicle for	238
any lawful purpose, was not on the actor's person, and, if the	239
weapon was a firearm, was carried in compliance with the	240
applicable requirements of division (C) of section 2923.16 of the	241
Revised Code.	242

(E)(D) It is an affirmative defense to a charge under	243
division (A) of this section of carrying or having control of a	244
handgun other than a dangerous ordnance that the actor was not	245
otherwise prohibited by law from having the handgun and that the	246
handgun was carried or kept ready at hand by the actor for any	247
lawful purpose and while in the actor's own home, provided that	248
this affirmative defense is not available unless the actor, prior	249
to arriving at the actor's own home, did not transport or possess	250
the handgun in a motor vehicle in a manner prohibited by division	251
(B) or (C) of section 2923.16 of the Revised Code while the motor	252
vehicle was being operated on a street, highway, or other public	253
or private property used by the public for vehicular traffic.	254

(F)(E) No person who is charged with a violation of this	255
section shall be required to obtain a license or temporary	256
emergency license to carry a concealed handgun under section	257
2923.125 or 2923.1213 of the Revised Code as a condition for the	258
dismissal of the charge.	259

(G)(1)(F) Whoever violates this section is guilty of carrying	260
concealed weapons. Except as otherwise provided in this division	261
or division (G)(2) of this section, carrying concealed weapons in	262
violation of division (A) of this section is a misdemeanor of the	263
first degree. Except as otherwise provided in this division or	264
division (G)(2) of this section, if the offender previously has	265
been convicted of a violation of this section or of any offense of	266
violence, if the weapon involved is a firearm that is either	267
loaded or for which the offender has ammunition ready at hand, or	268
if the weapon involved is dangerous ordnance, carrying concealed	269
weapons in violation of division (A) of this section is a felony	270
of the fourth degree. Except as otherwise provided in division	271
(G)(2) of this section, ifIf the weapon involved is a firearm and	272
the violation of this section is committed at premises for which a	273
D permit has been issued under Chapter 4303. of the Revised Code	274
or if the offense is committed aboard an aircraft, or with purpose	275
to carry a concealed weapon aboard an aircraft, regardless of the	276
weapon involved, carrying concealed weapons in violation of	277
division (A) of this section is a felony of the third degree.	278

(2) If a person being arrested for a violation of division	279
(A)(2) of this section promptly produces a valid license or	280
temporary emergency license to carry a concealed handgun issued	281
under section 2923.125 or 2923.1213 of the Revised Code or a	282
license to carry a concealed handgun that was issued by another	283
state with which the attorney general has entered into a	284
reciprocity agreement under section 109.69 of the Revised Code,	285
and if at the time of the violation the person was not knowingly	286
in a place described in division (B) of section 2923.126 of the	287
Revised Code, the officer shall not arrest the person for a	288
violation of that division. If the person is not able to promptly	289
produce any of those types of license and if the person is not in	290
a place described in that section, the officer may arrest the	291
person for a violation of that division, and the offender shall be	292
punished as follows:	293

(a) The offender shall be guilty of a minor misdemeanor if	294
both of the following apply:	295

(i) Within ten days after the arrest, the offender presents a	296
license or temporary emergency license to carry a concealed	297
handgun issued under section 2923.125 or 2923.1213 of the Revised	298
Code or a license to carry a concealed handgun that was issued by	299
another state with which the attorney general has entered into a	300
reciprocity agreement under section 109.69 of the Revised Code,	301
which license was valid at the time of the arrest to the law	302
enforcement agency that employs the arresting officer.	303

(ii) At the time of the arrest, the offender was not	304
knowingly in a place described in division (B) of section 2923.126	305
of the Revised Code.	306

(b) The offender shall be guilty of a misdemeanor and shall	307
be fined five hundred dollars if all of the following apply:	308

(i) The offender previously had been issued a license to	309
carry a concealed handgun under section 2923.125 of the Revised	310
Code or a license to carry a concealed handgun that was issued by	311
another state with which the attorney general has entered into a	312
reciprocity agreement under section 109.69 of the Revised Code and	313
that was similar in nature to a license issued under section	314
2923.125 of the Revised Code, and that license expired within the	315
two years immediately preceding the arrest.	316

(ii) Within forty-five days after the arrest, the offender	317
presents any type of license identified in division (G)(2)(a)(i)	318
of this section to the law enforcement agency that employed the	319
arresting officer, and the offender waives in writing the	320
offender's right to a speedy trial on the charge of the violation	321
that is provided in section 2945.71 of the Revised Code.	322

(iii) At the time of the commission of the offense, the	323
offender was not knowingly in a place described in division (B) of	324
section 2923.126 of the Revised Code.	325

(c) If neither division (G)(2)(a) nor (b) of this section	326
applies, the offender shall be punished under division (G)(1) of	327
this section.	328

(3) Carrying concealed weapons in violation of division (B)	329
of this section is a misdemeanor of the fourth degree.	330

(H)(G) If a law enforcement officer stops a person to	331
question the person regarding a possible violation of this	332
section, for a traffic stop, or for any other law enforcement	333
purpose, if the person surrenders a firearm to the officer, either	334
voluntarily or pursuant to a request or demand of the officer, and	335
if the officer does not charge the person with a violation of this	336
section or arrest the person for any offense, the person is not	337
otherwise prohibited by law from possessing the firearm, and the	338
firearm is not contraband, the officer shall return the firearm to	339
the person at the termination of the stop.	340

Sec. 2923.122.  (A) No person shall knowingly convey, or	341
attempt to convey, a deadly weapon or dangerous ordnance into a	342
school safety zone.	343

(B) No person shall knowingly possess a deadly weapon or	344
dangerous ordnance in a school safety zone.	345

(C) No person shall knowingly possess an object in a school	346
safety zone if both of the following apply:	347

(1) The object is indistinguishable from a firearm, whether	348
or not the object is capable of being fired.	349

(2) The person indicates that the person possesses the object	350
and that it is a firearm, or the person knowingly displays or	351
brandishes the object and indicates that it is a firearm.	352

(D)(1) This section does not apply to officers, agents, or	353
employees of this or any other state or the United States, or to	354
law enforcement officers, authorized to carry deadly weapons or	355
dangerous ordnance and acting within the scope of their duties, to	356
any security officer employed by a board of education or governing	357
body of a school during the time that the security officer is on	358
duty pursuant to that contract of employment, or to any other	359
person who has written authorization from the board of education	360
or governing body of a school to convey deadly weapons or	361
dangerous ordnance into a school safety zone or to possess a	362
deadly weapon or dangerous ordnance in a school safety zone and	363
who conveys or possesses the deadly weapon or dangerous ordnance	364
in accordance with that authorization.	365

(2) Division (C) of this section does not apply to premises	366
upon which home schooling is conducted. Division (C) of this	367
section also does not apply to a school administrator, teacher, or	368
employee who possesses an object that is indistinguishable from a	369
firearm for legitimate school purposes during the course of	370
employment, a student who uses an object that is indistinguishable	371
from a firearm under the direction of a school administrator,	372
teacher, or employee, or any other person who with the express	373
prior approval of a school administrator possesses an object that	374
is indistinguishable from a firearm for a legitimate purpose,	375
including the use of the object in a ceremonial activity, a play,	376
reenactment, or other dramatic presentation, or a ROTC activity or	377
another similar use of the object.	378

(3) This section does not apply to a person who conveys or	379
attempts to convey a handgun into, or possesses a handgun in, a	380
school safety zone if, at the time of that conveyance, attempted	381
conveyance, or possession of the handgun, all of the following	382
apply:	383

(a) The person does not enter into a school building or onto	384
school premises and is not at a school activity.	385

(b) One of the following applies:

386

(i) The person is carryinghas been issued a valid license or	387
temporary emergency license to carry a concealed handgun issued to	388
the person under section 2923.125 or 2923.1213 of the Revised Code	389
or a license to carry a concealed handgun that was issued by	390
another state with which the attorney general has entered into a	391
reciprocity agreement under section 109.69 of the Revised Code,	392
and the person's license or temporary emergency license issued as	393
described in this division is valid at the time of the conveyance,	394
attempted conveyance, or possession of the handgun. The exemption	395
provided in division (D)(3) of this section applies to a person	396
who has been issued a license or temporary emergency license as	397
described in division (D)(3)(b)(i) of this section and who	398
satisfies the other criteria specified for the exemption	399
regardless of whether the person, at the time of the conveyance,	400
attempted conveyance, or possession of the handgun, is carrying	401
that license or temporary emergency license.	402

(ii) At the time of the conveyance, attempted conveyance, or	403
possession of the handgun, the person is legally permitted to	404
purchase a firearm under the laws of this state and the United	405
States, and the person would meet all the requirements for a	406
license to carry a concealed handgun under division (D)(1) of	407
section 2923.125 of the Revised Code if the person had submitted	408
an application for a license to carry a concealed handgun at that	409
time. For purposes of division (B)(3)(b)(ii) of this section, a	410
person would meet the requirement for a license that is specified	411
in division (D)(1)(l) of section 2923.125 of the Revised Code if	412
the person has a competency certification of any type described in	413
division (B)(3) of that section, and the person has read the	414
pamphlet described in division (B)(4) of that section, regardless	415
of whether the person has submitted to another person	416
certifications of the types described in divisions (B)(3) and (4)	417
of that section.	418

(c) The person is in the school safety zone in accordance	419
with 18 U.S.C. 922(q)(2)(B).	420

(d) The person is not knowingly in a place described in	421
division (B)(1) or (B)(3) to (10)(6) of section 2923.126 of the	422
Revised Code.	423

(E)(1) Whoever violates division (A) or (B) of this section	424
is guilty of illegal conveyance or possession of a deadly weapon	425
or dangerous ordnance in a school safety zone. Except as otherwise	426
provided in this division, illegal conveyance or possession of a	427
deadly weapon or dangerous ordnance in a school safety zone is a	428
felony of the fifth degree. If the offender previously has been	429
convicted of a violation of this section, illegal conveyance or	430
possession of a deadly weapon or dangerous ordnance in a school	431
safety zone is a felony of the fourth degree.	432

(2) Whoever violates division (C) of this section is guilty	433
of illegal possession of an object indistinguishable from a	434
firearm in a school safety zone. Except as otherwise provided in	435
this division, illegal possession of an object indistinguishable	436
from a firearm in a school safety zone is a misdemeanor of the	437
first degree. If the offender previously has been convicted of a	438
violation of this section, illegal possession of an object	439
indistinguishable from a firearm in a school safety zone is a	440
felony of the fifth degree.	441

(F)(1) In addition to any other penalty imposed upon a person	442
who is convicted of or pleads guilty to a violation of this	443
section and subject to division (F)(2) of this section, if the	444
offender has not attained nineteen years of age, regardless of	445
whether the offender is attending or is enrolled in a school	446
operated by a board of education or for which the state board of	447
education prescribes minimum standards under section 3301.07 of	448
the Revised Code, the court shall impose upon the offender a class	449
four suspension of the offender's probationary driver's license,	450
restricted license, driver's license, commercial driver's license,	451
temporary instruction permit, or probationary commercial driver's	452
license that then is in effect from the range specified in	453
division (A)(4) of section 4510.02 of the Revised Code and shall	454
deny the offender the issuance of any permit or license of that	455
type during the period of the suspension.	456

If the offender is not a resident of this state, the court	457
shall impose a class four suspension of the nonresident operating	458
privilege of the offender from the range specified in division	459
(A)(4) of section 4510.02 of the Revised Code.	460

(2) If the offender shows good cause why the court should not	461
suspend one of the types of licenses, permits, or privileges	462
specified in division (F)(1) of this section or deny the issuance	463
of one of the temporary instruction permits specified in that	464
division, the court in its discretion may choose not to impose the	465
suspension, revocation, or denial required in that division.	466

(G) As used in this section, "object that is	467
indistinguishable from a firearm" means an object made,	468
constructed, or altered so that, to a reasonable person without	469
specialized training in firearms, the object appears to be a	470
firearm.	471

Sec. 2923.123.  (A) No person shall knowingly convey or	472
attempt to convey a deadly weapon or dangerous ordnance into a	473
courthouse or into another building or structure in which a	474
courtroom is located.	475

(B) No person shall knowingly possess or have under the	476
person's control a deadly weapon or dangerous ordnance in a	477
courthouse or in another building or structure in which a	478
courtroom is located.	479

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

480

(1) A judge of a court of record of this state or a	481
magistrate, unless a rule of superintendence or another type of	482
rule adopted by the supreme court pursuant to Article IV, Ohio	483
Constitution, or an applicable local rule of court prohibits all	484
persons from conveying or attempting to convey a deadly weapon or	485
dangerous ordnance into a courthouse or into another building or	486
structure in which a courtroom is located or from possessing or	487
having under one's control a deadly weapon or dangerous ordnance	488
in a courthouse or in another building or structure in which a	489
courtroom is located;	490

(2) A peace officer, or an officer of a law enforcement	491
agency of another state, a political subdivision of another state,	492
or the United States, who is authorized to carry a deadly weapon	493
or dangerous ordnance, who possesses or has under that	494
individual's control a deadly weapon or dangerous ordnance as a	495
requirement of that individual's duties, and who is acting within	496
the scope of that individual's duties at the time of that	497
possession or control, unless a rule of superintendence or another	498
type of rule adopted by the supreme court pursuant to Article IV,	499
Ohio Constitution, or an applicable local rule of court prohibits	500
all persons from conveying or attempting to convey a deadly weapon	501
or dangerous ordnance into a courthouse or into another building	502
or structure in which a courtroom is located or from possessing or	503
having under one's control a deadly weapon or dangerous ordnance	504
in a courthouse or in another building or structure in which a	505
courtroom is located;	506

(3) A person who conveys, attempts to convey, possesses, or	507
has under the person's control a deadly weapon or dangerous	508
ordnance that is to be used as evidence in a pending criminal or	509
civil action or proceeding;	510

(4) A bailiff or deputy bailiff of a court of record of this	511
state who is authorized to carry a firearm pursuant to section	512
109.77 of the Revised Code, who possesses or has under that	513
individual's control a firearm as a requirement of that	514
individual's duties, and who is acting within the scope of that	515
individual's duties at the time of that possession or control,	516
unless a rule of superintendence or another type of rule adopted	517
by the supreme court pursuant to Article IV, Ohio Constitution, or	518
an applicable local rule of court prohibits all persons from	519
conveying or attempting to convey a deadly weapon or dangerous	520
ordnance into a courthouse or into another building or structure	521
in which a courtroom is located or from possessing or having under	522
one's control a deadly weapon or dangerous ordnance in a	523
courthouse or in another building or structure in which a	524
courtroom is located;	525

(5) A prosecutor, or a secret service officer appointed by a	526
county prosecuting attorney, who is authorized to carry a deadly	527
weapon or dangerous ordnance in the performance of the	528
individual's duties, who possesses or has under that individual's	529
control a deadly weapon or dangerous ordnance as a requirement of	530
that individual's duties, and who is acting within the scope of	531
that individual's duties at the time of that possession or	532
control, unless a rule of superintendence or another type of rule	533
adopted by the supreme court pursuant to Article IV of the Ohio	534
Constitution or an applicable local rule of court prohibits all	535
persons from conveying or attempting to convey a deadly weapon or	536
dangerous ordnance into a courthouse or into another building or	537
structure in which a courtroom is located or from possessing or	538
having under one's control a deadly weapon or dangerous ordnance	539
in a courthouse or in another building or structure in which a	540
courtroom is located;	541

(6) A(a) Subject to division (C)(6)(b) of this section, a	542
person who conveys or attempts to convey a handgun into a	543
courthouse or into another building or structure in which a	544
courtroom is located, who, at the time of the conveyance or	545
attempt, is carrying a valid license or temporary emergency	546
license to carry a concealed handgun issued to the person under	547
section 2923.125 or 2923.1213 of the Revised Code or a license to	548
carry a concealed handgun that was issued by another state with	549
which the attorney general has entered into a reciprocity	550
agreement under section 109.69 of the Revised Code, and who	551
transfers possession of the handgun to the officer or officer's	552
designee who has charge of the courthouse or building. The, and to	553
whom either of the following applies:	554

(i) The person has been issued a license or temporary	555
emergency license to carry a concealed handgun under section	556
2923.125 or 2923.1213 of the Revised Code or a license to carry a	557
concealed handgun issued by another state with which the attorney	558
general has entered into a reciprocity agreement under section	559
109.68 of the Revised Code, and the person's license or temporary	560
emergency license issued as described in division (C)(6)(a)(i) of	561
this section is valid at the time of the conveyance or attempted	562
conveyance of the handgun. The exemption provided in division	563
(C)(6)(a) of this section applies to a person who has been issued	564
a license or temporary emergency license as described in division	565
(C)(6)(a)(i) of this section and who satisfies the other criteria	566
specified for the exemption regardless of whether the person, at	567
the time of the conveyance or attempted conveyance of the handgun,	568
is carrying that license or temporary emergency license.	569

(ii) At the time of the conveyance or attempted conveyance of	570
the handgun, the person is legally permitted to purchase a firearm	571
under the law of this state and the United States, and the person	572
would meet all the requirements for a license to carry a concealed	573
handgun under division (D)(1) of section 2923.125 of the Revised	574
Code if the person had submitted an application for a license to	575
carry a concealed handgun at that time. For purposes of division	576
(C)(6)(a)(ii) of this section, a person would meet the requirement	577
for a license that is specified in division (D)(1)(l) of section	578
2923.125 of the Revised Code if the person has a competency	579
certification of any type described in division (B)(3) of that	580
section, and the person has read the pamphlet described in	581
division (B)(4) of that section, regardless of whether the person	582
has submitted to another person certifications of the types	583
described in divisions (B)(3) and (4) of that section.	584

(b) The officer to whom a person transfers possession of a	585
handgun under division (C)(6)(a) of this section shall secure the	586
handgun so transferred until the licenseeperson who transferred	587
the handgun is prepared to leave the premises. The exemption	588
described in this division (C)(6)(a) of this section applies only	589
if the officer who has charge of the courthouse or building	590
provides services of the nature described in this division and	591
division (C)(6)(a) of this section. An officer who has charge of	592
the courthouse or building is not required to offer services of	593
the nature described in this division and division (C)(6)(a) of	594
this section. The exemption described in this division (C)(6)(a)	595
of this section does not apply if a rule of superintendence or	596
another type of rule adopted by the supreme court pursuant to	597
Article IV, Ohio Constitution, or if an applicable local rule of	598
court prohibits all persons from conveying or attempting to convey	599
a deadly weapon or dangerous ordnance into a courthouse or into	600
another building or structure in which a courtroom is located or	601
from possessing or having under one's control a deadly weapon or	602
dangerous ordnance in a courthouse or in another building or	603
structure in which a courtroom is located.	604

(D)(1) Whoever violates division (A) of this section is	605
guilty of illegal conveyance of a deadly weapon or dangerous	606
ordnance into a courthouse. Except as otherwise provided in this	607
division, illegal conveyance of a deadly weapon or dangerous	608
ordnance into a courthouse is a felony of the fifth degree. If the	609
offender previously has been convicted of a violation of division	610
(A) or (B) of this section, illegal conveyance of a deadly weapon	611
or dangerous ordnance into a courthouse is a felony of the fourth	612
degree.	613

(2) Whoever violates division (B) of this section is guilty	614
of illegal possession or control of a deadly weapon or dangerous	615
ordnance in a courthouse. Except as otherwise provided in this	616
division, illegal possession or control of a deadly weapon or	617
dangerous ordnance in a courthouse is a felony of the fifth	618
degree. If the offender previously has been convicted of a	619
violation of division (A) or (B) of this section, illegal	620
possession or control of a deadly weapon or dangerous ordnance in	621
a courthouse is a felony of the fourth degree.	622

(E) As used in this section:

623

(1) "Magistrate" means an individual who is appointed by a	624
court of record of this state and who has the powers and may	625
perform the functions specified in Civil Rule 53, Criminal Rule	626
19, or Juvenile Rule 40.	627

(2) "Peace officer" and "prosecutor" have the same meanings	628
as in section 2935.01 of the Revised Code.	629

Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of	630
the Revised Code:	631

(A) "Application form" means the application form prescribed	632
pursuant to division (A)(1) of section 109.731 of the Revised Code	633
and includes a copy of that form.	634

(B) "Competency certification" and "competency certificate"	635
mean a document of the type described in division (B)(3) of	636
section 2923.125 of the Revised Code.	637

(C) "Detention facility" has the same meaning as in section	638
2921.01 of the Revised Code.	639

(D) "Licensee" means a person to whom a license to carry a	640
concealed handgun has been issued under section 2923.125 of the	641
Revised Code and, except when the context clearly indicates	642
otherwise, includes a person to whom a temporary emergency license	643
to carry a concealed handgun has been issued under section	644
2923.1213 of the Revised Code.	645

(E) "License fee" or "license renewal fee" means the fee for	646
a license to carry a concealed handgun or the fee to renew that	647
license that is prescribed pursuant to division (C) of section	648
109.731 of the Revised Code and that is to be paid by an applicant	649
for a license of that type.	650

(F) "Peace officer" has the same meaning as in section	651
2935.01 of the Revised Code.	652

(G) "State correctional institution" has the same meaning as	653
in section 2967.01 of the Revised Code.	654

(H) "Valid license" means a license or temporary emergency	655
license to carry a concealed handgun that has been issued under	656
section 2923.125 or 2923.1213 of the Revised Code, that is	657
currently valid, that is not under a suspension under division	658
(A)(1) of section 2923.128 or under sectiomsection 2923.1213 of	659
the Revised Code, and that has not been revoked under division	660
(B)(1) of section 2923.128 or under section 2923.1213 of the	661
Revised Code.	662

(I) "Civil protection order" means a protection order issued,	663
or consent agreement approved, under section 2903.214 or 3113.31	664
of the Revised Code.	665

(J) "Temporary protection order" means a protection order	666
issued under section 2903.213 or 2919.26 of the Revised Code.	667

(K) "Protection order issued by a court of another state" has	668
the same meaning as in section 2919.27 of the Revised Code.	669

(L) "Child day-care center," "type A family day-care home"	670
and "type B family day-care home" have the same meanings as in	671
section 5104.01 of the Revised Code.	672

(M) "Type C family day-care home" means a family day-care	673
home authorized to provide child day-care by Sub. H.B. 62 of the	674
121st General Assembly, as amended by Am. Sub. S.B. 160 of the	675
121st General Assembly and Sub. H.B. 407 of the 123rd General	676
Assembly.	677

(N) "Foreign air transportation," "interstate air	678
transportation," and "intrastate air transportation" have the same	679
meanings as in 49 U.S.C. 40102, as now or hereafter amended.	680

Sec. 2923.125.  (A) Upon the request of a person who wishes	681
to obtain a license to carry a concealed handgun or to renew a	682
license to carry a concealed handgun, a sheriff shall provide to	683
the person free of charge an application form and a copy of the	684
pamphlet described in division (B) of section 109.731 of the	685
Revised Code.	686

(B) An applicant for a license to carry a concealed handgun	687
shall submit a completed application form and all of the following	688
to the sheriff of the county in which the applicant resides or to	689
the sheriff of any county adjacent to the county in which the	690
applicant resides:	691

(1) A nonrefundable license fee prescribed by the Ohio peace	692
officer training commission pursuant to division (C) of section	693
109.731 of the Revised Code, except that the sheriff shall waive	694
the payment of the license fee in connection with an initial or	695
renewal application for a license that is submitted by an	696
applicant who is a retired peace officer, a retired person	697
described in division (B)(1)(b) of section 109.77 of the Revised	698
Code, or a retired federal law enforcement officer who, prior to	699
retirement, was authorized under federal law to carry a firearm in	700
the course of duty, unless the retired peace officer, person, or	701
federal law enforcement officer retired as the result of a mental	702
disability;	703

(2) A color photograph of the applicant that was taken within	704
thirty days prior to the date of the application;	705

(3) One or more of the following competency certifications,	706
each of which shall reflect that, regarding a certification	707
described in division (B)(3)(a), (b), (c), (e), or (f) of this	708
section, within the three years immediately preceding the	709
application the applicant has performed that to which the	710
competency certification relates and that, regarding a	711
certification described in division (B)(3)(d) of this section, the	712
applicant currently is an active or reserve member of the armed	713
forces of the United States or within the six years immediately	714
preceding the application the honorable discharge or retirement to	715
which the competency certification relates occurred:	716

(a) An original or photocopy of a certificate of completion	717
of a firearms safety, training, or requalification or firearms	718
safety instructor course, class, or program that was offered by or	719
under the auspices of the national rifle association and that	720
complies with the requirements set forth in division (G) of this	721
section;	722

(b) An original or photocopy of a certificate of completion	723
of a firearms safety, training, or requalification or firearms	724
safety instructor course, class, or program that satisfies all of	725
the following criteria:	726

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

727

(ii) It utilized qualified instructors who were certified by	728
the national rifle association, the executive director of the Ohio	729
peace officer training commission pursuant to section 109.75 or	730
109.78 of the Revised Code, or a governmental official or entity	731
of another state.	732

(iii) It was offered by or under the auspices of a law	733
enforcement agency of this or another state or the United States,	734
a public or private college, university, or other similar	735
postsecondary educational institution located in this or another	736
state, a firearms training school located in this or another	737
state, or another type of public or private entity or organization	738
located in this or another state.	739

(iv) It complies with the requirements set forth in division	740
(G) of this section.	741

(c) An original or photocopy of a certificate of completion	742
of a state, county, municipal, or department of natural resources	743
peace officer training school that is approved by the executive	744
director of the Ohio peace officer training commission pursuant to	745
section 109.75 of the Revised Code and that complies with the	746
requirements set forth in division (G) of this section, or the	747
applicant has satisfactorily completed and been issued a	748
certificate of completion of a basic firearms training program, a	749
firearms requalification training program, or another basic	750
training program described in section 109.78 or 109.801 of the	751
Revised Code that complies with the requirements set forth in	752
division (G) of this section;	753

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

754

(i) That the applicant is an active or reserve member of the	755
armed forces of the United States, was honorably discharged from	756
military service in the active or reserve armed forces of the	757
United States, is a retired trooper of the state highway patrol,	758
or is a retired peace officer or federal law enforcement officer	759
described in division (B)(1) of this section or a retired person	760
described in division (B)(1)(b) of section 109.77 of the Revised	761
Code and division (B)(1) of this section;	762

(ii) That, through participation in the military service or	763
through the former employment described in division (B)(3)(d)(i)	764
of this section, the applicant acquired experience with handling	765
handguns or other firearms, and the experience so acquired was	766
equivalent to training that the applicant could have acquired in a	767
course, class, or program described in division (B)(3)(a), (b), or	768
(c) of this section.	769

(e) A certificate or another similar document that evidences	770
satisfactory completion of a firearms training, safety, or	771
requalification or firearms safety instructor course, class, or	772
program that is not otherwise described in division (B)(3)(a),	773
(b), (c), or (d) of this section, that was conducted by an	774
instructor who was certified by an official or entity of the	775
government of this or another state or the United States or by the	776
national rifle association, and that complies with the	777
requirements set forth in division (G) of this section;	778

(f) An affidavit that attests to the applicant's satisfactory	779
completion of a course, class, or program described in division	780
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	781
by the applicant's instructor or an authorized representative of	782
the entity that offered the course, class, or program or under	783
whose auspices the course, class, or program was offered.	784

(4) A certification by the applicant that the applicant has	785
read the pamphlet prepared by the Ohio peace officer training	786
commission pursuant to section 109.731 of the Revised Code that	787
reviews firearms, dispute resolution, and use of deadly force	788
matters.	789

(5) A set of fingerprints of the applicant provided as	790
described in section 311.41 of the Revised Code through use of an	791
electronic fingerprint reading device or, if the sheriff to whom	792
the application is submitted does not possess and does not have	793
ready access to the use of such a reading device, on a standard	794
impression sheet prescribed pursuant to division (C)(2) of section	795
109.572 of the Revised Code.	796

(C) Upon receipt of an applicant's completed application	797
form, supporting documentation, and, if not waived, license fee, a	798
sheriff shall conduct or cause to be conducted the criminal	799
records check and the incompetency records check described in	800
section 311.41 of the Revised Code.	801

(D)(1) Except as provided in division (D)(3), (4), or (5) of	802
this section, within forty-five days after receipt of an	803
applicant's completed application form for a license to carry a	804
concealed handgun, the supporting documentation, and, if not	805
waived, license fee, a sheriff shall make available through the	806
law enforcement automated data system in accordance with division	807
(H) of this section the information described in that division	808
and, upon making the information available through the system,	809
shall issue to the applicant a license to carry a concealed	810
handgun that shall expire four years after the date of issuance if	811
all of the following apply:	812

(a) The applicant has been a resident of this state for at	813
least forty-five days and a resident of the county in which the	814
person seeks the license or a county adjacent to the county in	815
which the person seeks the license for at least thirty days.	816

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

817

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

818

(d) The applicant is not under indictment for or otherwise	819
charged with a felony; an offense under Chapter 2925., 3719., or	820
4729. of the Revised Code that involves the illegal possession,	821
use, sale, administration, or distribution of or trafficking in a	822
drug of abuse; a misdemeanor offense of violence; or a violation	823
of section 2903.14 or 2923.1211 of the Revised Code.	824

(e) The applicant has not been convicted of or pleaded guilty	825
to a felony or an offense under Chapter 2925., 3719., or 4729. of	826
the Revised Code that involves the illegal possession, use, sale,	827
administration, or distribution of or trafficking in a drug of	828
abuse; has not been adjudicated a delinquent child for committing	829
an act that if committed by an adult would be a felony or would be	830
an offense under Chapter 2925., 3719., or 4729. of the Revised	831
Code that involves the illegal possession, use, sale,	832
administration, or distribution of or trafficking in a drug of	833
abuse; and has not been convicted of, pleaded guilty to, or	834
adjudicated a delinquent child for committing a violation of	835
section 2903.13 of the Revised Code when the victim of the	836
violation is a peace officer, regardless of whether the applicant	837
was sentenced under division (C)(3) of that section.	838

(f) The applicant, within three years of the date of the	839
application, has not been convicted of or pleaded guilty to a	840
misdemeanor offense of violence other than a misdemeanor violation	841
of section 2921.33 of the Revised Code or a violation of section	842
2903.13 of the Revised Code when the victim of the violation is a	843
peace officer, or a misdemeanor violation of section 2923.1211 of	844
the Revised Code; and has not been adjudicated a delinquent child	845
for committing an act that if committed by an adult would be a	846
misdemeanor offense of violence other than a misdemeanor violation	847
of section 2921.33 of the Revised Code or a violation of section	848
2903.13 of the Revised Code when the victim of the violation is a	849
peace officer or for committing an act that if committed by an	850
adult would be a misdemeanor violation of section 2923.1211 of the	851
Revised Code.	852

(g) Except as otherwise provided in division (D)(1)(e) of	853
this section, the applicant, within five years of the date of the	854
application, has not been convicted of, pleaded guilty to, or	855
adjudicated a delinquent child for committing two or more	856
violations of section 2903.13 or 2903.14 of the Revised Code.	857

(h) The applicant, within ten years of the date of the	858
application, has not been convicted of, pleaded guilty to, or	859
adjudicated a delinquent child for committing a violation of	860
section 2921.33 of the Revised Code.	861

(i) The applicant has not been adjudicated as a mental	862
defective, has not been committed to any mental institution, is	863
not under adjudication of mental incompetence, has not been found	864
by a court to be a mentally ill person subject to hospitalization	865
by court order, and is not an involuntary patient other than one	866
who is a patient only for purposes of observation. As used in this	867
division, "mentally ill person subject to hospitalization by court	868
order" and "patient" have the same meanings as in section 5122.01	869
of the Revised Code.	870

(j) The applicant is not currently subject to a civil	871
protection order, a temporary protection order, or a protection	872
order issued by a court of another state.	873

(k) The applicant certifies that the applicant desires a	874
legal means to carry a concealed handgun for defense of the	875
applicant or a member of the applicant's family while engaged in	876
lawful activity.	877

(l) The applicant submits a competency certification of the	878
type described in division (B)(3) of this section and submits a	879
certification of the type described in division (B)(4) of this	880
section regarding the applicant's reading of the pamphlet prepared	881
by the Ohio peace officer training commission pursuant to section	882
109.731 of the Revised Code.	883

(2)(a) If a sheriff issues a license under this section, the	884
sheriff shall place on the license a unique combination of letters	885
and numbers identifying the license in accordance with the	886
procedure prescribed by the Ohio peace officer training commission	887
pursuant to section 109.731 of the Revised Code.	888

(b) If a sheriff denies an application under this section	889
because the applicant does not satisfy the criteria described in	890
division (D)(1) of this section, the sheriff shall specify the	891
grounds for the denial in a written notice to the applicant. The	892
applicant may appeal the denial pursuant to section 119.12 of the	893
Revised Code. If the denial was as a result of the criminal	894
records check conducted pursuant to section 311.41 of the Revised	895
Code and if, pursuant to section 2923.127 of the Revised Code, the	896
applicant challenges the criminal records check results using the	897
appropriate challenge and review procedure specified in that	898
section, the time for filing the appeal pursuant to section 119.12	899
of the Revised Code is tolled during the pendency of the request	900
or the challenge and review. If the court in an appeal under	901
section 119.12 of the Revised Code enters a judgment sustaining	902
the sheriff's refusal to grant to the applicant a license to carry	903
a concealed handgun, the applicant may file a new application	904
beginning one year after the judgment is entered. If the court	905
enters a judgment in favor of the applicant, that judgment shall	906
not restrict the authority of a sheriff to suspend or revoke the	907
license pursuant to section 2923.128 or 2923.1213 of the Revised	908
Code or to refuse to renew the license for any proper cause that	909
may occur after the date the judgment is entered. In the appeal,	910
the court shall have full power to dispose of all costs.	911

(3) If the sheriff with whom an application for a license to	912
carry a concealed handgun was filed under this section becomes	913
aware that the applicant has been arrested for or otherwise	914
charged with an offense that would disqualify the applicant from	915
holding the license, the sheriff shall suspend the processing of	916
the application until the disposition of the case arising from the	917
arrest or charge.	918

(4) If the sheriff determines the applicant is a resident of	919
the county in which the applicant seeks the license or of an	920
adjacent county but does not yet meet the residency requirements	921
described in division (D)(1)(a) of this section, the sheriff shall	922
not deny the license because of the residency requirements but	923
shall not issue the license until the applicant meets those	924
residency requirements.	925

(E) If a license to carry a concealed handgun issued under	926
this section is lost or is destroyed, the licensee may obtain from	927
the sheriff who issued that license a duplicate license upon the	928
payment of a fee of fifteen dollars and the submission of an	929
affidavit attesting to the loss or destruction of the license. The	930
sheriff, in accordance with the procedures prescribed in section	931
109.731 of the Revised Code, shall place on the replacement	932
license a combination of identifying numbers different from the	933
combination on the license that is being replaced.	934

(F) A licensee who wishes to renew a license to carry a	935
concealed handgun issued under this secitonsection shall do so	936
within thirty days after the expiration date of the license by	937
filing with the sheriff of the county in which the applicant	938
resides or with the sheriff of an adjacent county an application	939
for renewal of the license obtained pursuant to division (D) of	940
this section, a new color photograph of the licensee that was	941
taken within thirty days prior to the date of the renewal	942
application, a certification by the applicant that, subsequent to	943
the issuance of the license, the applicant has reread the pamphlet	944
prepared by the Ohio peace officer training commission pursuant to	945
section 109.731 of the Revised Code that reviews firearms, dispute	946
resolution, and use of deadly force matters, a new set of	947
fingerprints provided in the manner specified in division (D)(4)	948
of section 2923.125 of the Revised Code regarding initial	949
applications for a license to carry a concealed handgun, and a	950
nonrefundable license renewal fee unless the fee is waived. The	951
licensee also shall submit a competency certification of the type	952
described in division (B)(3) of this section that is not older	953
than six years or a renewed competency certification of the type	954
described in division (G)(4) of this section that is not older	955
than six years.	956

Upon receipt of a completed renewal application, color	957
photograph, certification that the applicant has reread the	958
specified pamphlet prepared by the Ohio peace officer training	959
commission, new set of fingerprints, competency certification or	960
renewed competency certification, and license renewal fee unless	961
the fee is waived, a sheriff shall conduct or cause to be	962
conducted the criminal records check and the incompetency records	963
check described in section 311.41 of the Revised Code. The sheriff	964
shall renew the license if the sheriff determines that the	965
applicant continues to satisfy the requirements described in	966
division (D)(1) of this section, except that the applicant is not	967
required to submit a renewed competency certification only in the	968
circumstances described in division (G)(4) of this sectionfor	969
renewal. A renewed license shall expire four years after the date	970
of issuance and is subject to division (E) of this section and	971
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	972
shall comply with divisions (D)(2) to (4) of this section when the	973
circumstances described in those divisions apply to a requested	974
license renewal.	975

(G)(1) Each course, class, or program described in division	976
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	977
person who takes the course, class, or program a copy of the	978
pamphlet prepared by the Ohio peace officer training commission	979
pursuant to section 109.731 of the Revised Code that reviews	980
firearms, dispute resolution, and use of deadly force matters.	981
Each such course, class, or program described in one of those	982
divisions shall include at least twelve hours of training in the	983
safe handling and use of a firearm that shall include all of the	984
following:	985

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

986

(i) The ability to name, explain, and demonstrate the rules	987
for safe handling of a handgun and proper storage practices for	988
handguns and ammunition;	989

(ii) The ability to demonstrate and explain how to handle	990
ammunition in a safe manner;	991

(iii) The ability to demonstrate the knowledge, skills, and	992
attitude necessary to shoot a handgun in a safe manner;	993

(iv) Gun handling training.

994

(b) At least two hours of training that consists of range	995
time and live-fire training.	996

(2) To satisfactorily complete the course, class, or program	997
described in division (B)(3)(a), (b), (c), or (e) of this section,	998
the applicant shall pass a competency examination that shall	999
include both of the following:	1000

(a) A written section on the ability to name and explain the	1001
rules for the safe handling of a handgun and proper storage	1002
practices for handguns and ammunition;	1003

(b) A physical demonstration of competence in the use of a	1004
handgun and in the rules for safe handling and storage of a	1005
handgun and a physical demonstration of the attitude necessary to	1006
shoot a handgun in a safe manner.	1007

(3) The competency certification described in division	1008
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1009
shall attest that the course, class, or program the applicant	1010
successfully completed met the requirements described in division	1011
(G)(1) of this section and that the applicant passed the	1012
competency examination described in division (G)(2) of this	1013
section.	1014

(4) A person who has received a competency certification as	1015
described in division (B)(3) of this section, or who previously	1016
has received a renewed competency certification as described in	1017
this division, may obtain a renewed competency certification	1018
pursuant to this division. If the person has received a competency	1019
certification within the preceding six years, or previously has	1020
received a renewed competency certification within the preceding	1021
six years, the person may obtain a renewed competency	1022
certification from an entity that offers a course, class, or	1023
program described in division (B)(3)(a), (b), (c), or (e) of this	1024
section by passing a competency examination of the type described	1025
in division (G)(2) of this section. In these circumstances, the	1026
person is not required to attend the course, class, or program in	1027
order to be eligible to take the competency examination for the	1028
renewed competency certification. If more than six years has	1029
elapsed since the person last received a competency certification	1030
or a renewed competency certification, in order for the person to	1031
obtain a renewed competency certification, the person shall both	1032
satisfactorily complete a course, class, or program described in	1033
division (B)(3)(a), (b), (c), or (e) of this section and pass a	1034
competency examination of the type described in division (G)(2) of	1035
this section. A renewed competency certification issued under this	1036
division shall be dated and shall attest that the applicant passed	1037
the competency examination of the type described in division	1038
(G)(2) of this section and, if applicable, that the person	1039
successfully completed a course, class, or program that met the	1040
requirements described in division (G)(1) of this section.	1041

(H) Upon deciding to issue a license, deciding to issue a	1042
replacement license, or deciding to renew a license to carry a	1043
concealed handgun pursuant to this section, and before actually	1044
issuing or renewing the license, the sheriff shall make available	1045
through the law enforcement automated data system all information	1046
contained on the license. If the license subsequently is suspended	1047
under division (A)(1) of section 2923.128 of the Revised Code,	1048
revoked pursuant to division (B)(1) of section 2923.128 of the	1049
Revised Code, or lost or destroyed, the sheriff also shall make	1050
available through the law enforcement automated data system a	1051
notation of that fact. The superintendent of the state highway	1052
patrol shall ensure that the law enforcement automated data system	1053
is so configured as to permit the transmission through the system	1054
of the information specified in this division.	1055

Sec. 2923.126.  (A)(1) A license to carry a concealed handgun	1056
that is issued under section 2923.125 of the Revised Code shall	1057
expire four years after the date of issuance. A licensee who has	1058
been issued a license under that section shall be granted a grace	1059
period of thirty days after the licensee's license expires during	1060
which the licensee's license remains valid. Except as provided in	1061
divisions (B) and (C) of this section, a licensee who has been	1062
issued a license under section 2923.125 or 2923.1213 of the	1063
Revised Code may carry a concealed handgun anywhere in this state	1064
if the licensee also carries a valid license and valid	1065
identification when the licensee is in actual possession of a	1066
concealed handgun. The authority to carry a concealed handgun	1067
granted under this division applies to a licensee who has been	1068
issued a license or temporary emergency license as described in	1069
this division regardless of whether the licensee is carrying that	1070
license or temporary emergency license when in actual possession	1071
of a concealed handgun. The licensee shall give notice of any	1072
change in the licensee's residence address to the sheriff who	1073
issued the license within forty-five days after that change.	1074

If a licensee is the driver or an occupant of a motor vehicle	1075
that is stopped as the result of a traffic stop or a stop for	1076
another law enforcement purpose and if the licensee is	1077
transporting or has a loaded handgun in the motor vehicle at that	1078
time, the licensee shall promptly inform any law enforcement	1079
officer who approaches the vehicle while stopped that the licensee	1080
has been issued a license or temporary emergency license to carry	1081
a concealed handgun and that the licensee currently possesses or	1082
has a loaded handgun; the licensee shall comply with lawful orders	1083
of a law enforcement officer given while the motor vehicle is	1084
stopped, shall remain in the motor vehicle while stopped, and	1085
shall keep the licensee's hands in plain sight while any law	1086
enforcement officer begins approaching the licensee while stopped	1087
and before the officer leaves, unless directed otherwise by a law	1088
enforcement officer; and the licensee shall not knowingly remove,	1089
attempt to remove, grasp, or hold the loaded handgun or knowingly	1090
have contact with the loaded handgun by touching it with the	1091
licensee's hands or fingers, in any manner in violation of	1092
division (E) of section 2923.16 of the Revised Code, while any law	1093
enforcement officer begins approaching the licensee while stopped	1094
and before the officer leaves. If a law enforcement officer	1095
otherwise approaches a person who has been stopped for a law	1096
enforcement purpose, if the person is a licensee, and if the	1097
licensee is carrying a concealed handgun at the time the officer	1098
approaches, the licensee shall promptly inform the officer that	1099
the licensee has been issued a license or temporary emergency	1100
license to carry a concealed handgun and that the licensee	1101
currently is carrying a concealed handgun.	1102

(2) A person who is legally permitted to purchase a firearm	1103
under the laws of this state and the United States and who would	1104
meet all the requirements for a license to carry a concealed	1105
handgun under division (D)(1) of section 2923.125 of the Revised	1106
Code if the person had submitted an application for a license to	1107
carry a concealed handgun may carry a concealed handgun anywhere	1108
in this state, in the same manner and to the same extent as if the	1109
person had been issued a license to carry a concealed handgun	1110
under section 2923.125 of the Revised Code. The restrictions	1111
specified in divisions (B) and (C) of this section that limit the	1112
authority of a licensee to carry a concealed handgun also apply to	1113
a person who is granted authority under this division to carry a	1114
concealed handgun. For purposes of this division, a person would	1115
meet the requirement for a license that is specified in division	1116
(D)(1)(l) of section 2923.125 of the Revised Code if the person	1117
has a competency certification of any type described in division	1118
(B)(3) of that section, and the person has read the pamphlet	1119
described in division (B)(4) of that section, regardless of	1120
whether the person has submitted to another person certifications	1121
of the types described in divisions (B)(3) and (4) of that	1122
section.	1123

(B) A valid license issued under section 2923.125 or	1124
2923.1213 of the Revised Code does not authorize the licensee to	1125
carry a concealed handgun in any manner prohibited under division	1126
(B) of section 2923.12 of the Revised Code or in any manner	1127
prohibited under section 2923.16 of the Revised Code. A valid	1128
license does not authorize the licensee to carry a concealed	1129
handgun into any of the following places:	1130

(1) A police station, sheriff's office, or state highway	1131
patrol station, premises controlled by the bureau of criminal	1132
identification and investigation, a state correctional	1133
institution, jail, workhouse, or other detention facility, an	1134
airport passenger terminal, or an institution that is maintained,	1135
operated, managed, and governed pursuant to division (A) of	1136
section 5119.02 of the Revised Code or division (A)(1) of section	1137
5123.03 of the Revised Code;	1138

(2) A school safety zone, in violation of section 2923.122 of	1139
the Revised Code;	1140

(3) A courthouse or another building or structure in which a	1141
courtroom is located, in violation of section 2923.123 of the	1142
Revised Code;	1143

(4) Any room or open air arena in which liquor is being	1144
dispensed in premises for which a D permit has been issued under	1145
Chapter 4303. of the Revised Code, in violation of section	1146
2923.121 of the Revised Code;	1147

(5) Any premises owned or leased by any public or private	1148
college, university, or other institution of higher education,	1149
unless the handgun is in a locked motor vehicle or the licensee is	1150
in the immediate process of placing the handgun in a locked motor	1151
vehicle;	1152

(6) Any church, synagogue, mosque, or other place of worship,	1153
unless the church, synagogue, mosque, or other place of worship	1154
posts or permits otherwise;	1155

(7) A child day-care center, a type A family day-care home, a	1156
type B family day-care home, or a type C family day-care home,	1157
except that this division does not prohibit a licensee who resides	1158
in a type A family day-care home, a type B family day-care home,	1159
or a type C family day-care home from carrying a concealed handgun	1160
at any time in any part of the home that is not dedicated or used	1161
for day-care purposes, or from carrying a concealed handgun in a	1162
part of the home that is dedicated or used for day-care purposes	1163
at any time during which no children, other than children of that	1164
licensee, are in the home;	1165

(8) An aircraft that is in, or intended for operation in,	1166
foreign air transportation, interstate air transportation,	1167
intrastate air transportation, or the transportation of mail by	1168
aircraft;	1169

(9) Any building that is owned by this state or any political	1170
subdivision of this state, and all portions of any building that	1171
is not owned by any governmental entity listed in this division	1172
but that is leased by such a governmental entity listed in this	1173
division;	1174

(10)(6) A place in which federal law prohibits the carrying	1175
of handguns.	1176

(C)(1) Nothing in this section shall negate or restrict a	1177
rule, policy, or practice of a private employer that is not a	1178
private college, university, or other institution of higher	1179
education concerning or prohibiting the presence of firearms on	1180
the private employer's premises or property, including motor	1181
vehicles owned by the private employer. Nothing in this section	1182
shall require a private employer of that nature to adopt a rule,	1183
policy, or practice concerning or prohibiting the presence of	1184
firearms on the private employer's premises or property, including	1185
motor vehicles owned by the private employer.	1186

(2)(a) A private employer shall be immune from liability in a	1187
civil action for any injury, death, or loss to person or property	1188
that allegedly was caused by or related to a licensee bringing a	1189
handgun onto the premises or property of the private employer,	1190
including motor vehicles owned by the private employer, unless the	1191
private employer acted with malicious purpose. A private employer	1192
is immune from liability in a civil action for any injury, death,	1193
or loss to person or property that allegedly was caused by or	1194
related to the private employer's decision to permit a licensee to	1195
bring, or prohibit a licensee from bringing, a handgun onto the	1196
premises or property of the private employer. As used in this	1197
division, "private employer" includes a private college,	1198
university, or other institution of higher education.	1199

(b) A political subdivision shall be immune from liability in	1200
a civil action, to the extent and in the manner provided in	1201
Chapter 2744. of the Revised Code, for any injury, death, or loss	1202
to person or property that allegedly was caused by or related to a	1203
licensee bringing a handgun onto any premises or property owned,	1204
leased, or otherwise under the control of the political	1205
subdivision. As used in this division, "political subdivision" has	1206
the same meaning as in section 2744.01 of the Revised Code.	1207

(3) The owner or person in control of private land or	1208
premises, and a private person or entity leasing land or premises	1209
owned by the state, the United States, or a political subdivision	1210
of the state or the United States, may post a sign in a	1211
conspicuous location on that land or on those premises prohibiting	1212
persons from carrying firearms or concealed firearms on or onto	1213
that land or those premises. A person who knowingly violates a	1214
posted prohibition of that nature is guilty of criminal trespass	1215
in violation of division (A)(4) of section 2911.21 of the Revised	1216
Code and is guilty of a misdemeanor of the fourth degree.	1217

(D) A person who holds a license to carry a concealed handgun	1218
that was issued pursuant to the law of another state that is	1219
recognized by the attorney general pursuant to a reciprocity	1220
agreement entered into pursuant to section 109.69 of the Revised	1221
Code has the same right to carry a concealed handgun in this state	1222
as a person who was issued a license to carry a concealed handgun	1223
under section 2923.125 of the Revised Code and is subject to the	1224
same restrictions that apply to a person who carries a license	1225
issued under that section.	1226

A peace officer has the same right to carry a concealed	1227
handgun in this state as a person who was issued a license to	1228
carry a concealed handgun under section 2923.125 of the Revised	1229
Code. For purposes of reciprocity with other states, a peace	1230
officer shall be considered to be a licensee in this state.	1231

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	1232
bureau of criminal identification and investigation, the employees	1233
of the bureau, the Ohio peace officer training commission, or the	1234
employees of the commission make a good faith effort in performing	1235
the duties imposed upon the sheriff, the superintendent, the	1236
bureau's employees, the commission, or the commission's employees	1237
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the	1238
Revised Code, in addition to the personal immunity provided by	1239
section 9.86 of the Revised Code or division (A)(6) of section	1240
2744.03 of the Revised Code and the governmental immunity of	1241
sections 2744.02 and 2744.03 of the Revised Code and in addition	1242
to any other immunity possessed by the bureau, the commission, and	1243
their employees, the sheriff, the sheriff's office, the county in	1244
which the sheriff has jurisdiction, the bureau, the superintendent	1245
of the bureau, the bureau's employees, the commission, and the	1246
commission's employees are immune from liability in a civil action	1247
for injury, death, or loss to person or property that allegedly	1248
was caused by or related to any of the following:	1249

(a) The issuance, renewal, suspension, or revocation of a	1250
license to carry a concealed handgun or the issuance, suspension,	1251
or revocation of a temporary emergency license to carry a	1252
concealed handgun;	1253

(b) The failure to issue, renew, suspend, or revoke a license	1254
to carry a concealed handgun or the failure to issue, suspend, or	1255
revoke a temporary emergency license to carry a concealed handgun;	1256

(c) Any action or misconduct with a handgun committed by a	1257
licensee.	1258

(2) Any action of a sheriff relating to the issuance,	1259
renewal, suspension, or revocation of a license to carry a	1260
concealed handgun or the issuance, suspension, or revocation of a	1261
temporary emergency license to carry a concealed handgun shall be	1262
considered to be a governmental function for purposes of Chapter	1263
2744. of the Revised Code.	1264

(3) An entity that or instructor who provides a competency	1265
certification of a type described in division (B)(3) of section	1266
2923.125 of the Revised Code is immune from civil liability that	1267
might otherwise be incurred or imposed for any death or any injury	1268
or loss to person or property that is caused by or related to a	1269
person to whom the entity or instructor has issued the competency	1270
certificate if all of the following apply:	1271

(a) The alleged liability of the entity or instructor relates	1272
to the training provided in the course, class, or program covered	1273
by the competency certificate.	1274

(b) The entity or instructor makes a good faith effort in	1275
determining whether the person has satisfactorily completed the	1276
course, class, or program and makes a good faith effort in	1277
assessing the person in the competency examination conducted	1278
pursuant to division (G)(2) of section 2923.125 of the Revised	1279
Code.	1280

(c) The entity or instructor did not issue the competency	1281
certificate with malicious purpose, in bad faith, or in a wanton	1282
or reckless manner.	1283

(4) An entity that or instructor who provides a renewed	1284
competency certification of a type described in division (G)(4) of	1285
section 2923.125 of the Revised Code is immune from civil	1286
liability that might otherwise be incurred or imposed for any	1287
death or any injury or loss to person or property that is caused	1288
by or related to a person to whom the entity or instructor has	1289
issued the renewed competency certificate if all of the following	1290
apply:	1291

(a) The entity or instructor makes a good faith effort in	1292
assessing the person in the competency examination conducted	1293
pursuant to division (G)(2) of section 2923.125 of the Revised	1294
Code.	1295

(b) The entity or instructor did not issue the renewed	1296
competency certificate with malicious purpose, in bad faith, or in	1297
a wanton or reckless manner.	1298

(5) A law enforcement agency that employs a peace officer is	1299
immune from liability in a civil action to recover damages for	1300
injury, death, or loss to person or property allegedly caused by	1301
any act of that peace officer if the act occurred while the peace	1302
officer carried a concealed handgun and was off duty and if the	1303
act allegedly involved the peace officer's use of the concealed	1304
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	1305
Code apply to any civil action involving a peace officer's use of	1306
a concealed handgun in the performance of the peace officer's	1307
official duties while the peace officer is off duty.	1308

(B)(1) Notwithstanding section 149.43 of the Revised Code,	1309
except as provided in division (B)(2) of this section, the records	1310
that a sheriff keeps relative to the issuance, renewal,	1311
suspension, or revocation of a license to carry a concealed	1312
handgun or the issuance, suspension, or revocation of a temporary	1313
emergency license to carry a concealed handgun, including, but not	1314
limited to, completed applications for the issuance or renewal of	1315
a license, completed affidavits submitted regarding an application	1316
for a temporary emergency license, reports of criminal records	1317
checks and incompetency records checks under section 311.41 of the	1318
Revised Code, and applicants' social security numbers and	1319
fingerprints that are obtained under division (A) of section	1320
311.41 of the Revised Code, are confidential and are not public	1321
records. Except as provided in division (B)(2) of this section, no	1322
No person shall release or otherwise disseminate records that are	1323
confidential under this division unless required to do so pursuant	1324
to a court order.	1325

(2) Upon a written request made to a sheriff and signed by a	1326
journalist on or after the effective date of this section, the	1327
sheriff shall disclose to the journalist the name, county of	1328
residence, and date of birth of each person to whom the sheriff	1329
has issued a license or replacement license to carry a concealed	1330
handgun, renewed a license to carry a concealed handgun, or issued	1331
a temporary emergency license or replacement temporary emergency	1332
license to carry a concealed handgun under section 2923.125 or	1333
2923.1213 of the Revised Code. The request shall include the	1334
journalist's name and title, shall include the name and address of	1335
the journalist's employer, and shall state that disclosure of the	1336
information sought would be in the public interest.	1337

As used in division (B)(2) of this section, "journalist"	1338
means a person engaged in, connected with, or employed by any news	1339
medium, including a newspaper, magazine, press association, news	1340
agency, or wire service, a radio or television station, or a	1341
similar medium, for the purpose of gathering, processing,	1342
transmitting, compiling, editing, or disseminating information for	1343
the general public.	1344

(C) Each sheriff shall report to the Ohio peace officer	1345
training commission the number of licenses to carry a concealed	1346
handgun that the sheriff issued, renewed, suspended, revoked, or	1347
denied during the previous quarter of the calendar year, the	1348
number of applications for those licenses for which processing was	1349
suspended in accordance with division (D)(3) of section 2923.125	1350
of the Revised Code during the previous quarter of the calendar	1351
year, and the number of temporary emergency licenses to carry a	1352
concealed handgun that the sheriff issued, suspended, revoked, or	1353
denied during the previous quarter of the calendar year. The	1354
sheriff shall not include in the report the name or any other	1355
identifying information of an applicant or licensee. The sheriff	1356
shall report that information in a manner that permits the	1357
commission to maintain the statistics described in division (D) of	1358
section 109.731 of the Revised Code and to timely prepare the	1359
statistical report described in that division. The information	1360
that is received by the commission under this division is a public	1361
record kept by the commission for the purposes of section 149.43	1362
of the Revised Code.	1363

(D) Law enforcement agencies may use the information a	1364
sheriff makes available through the use of the law enforcement	1365
automated data system pursuant to division (H) of section 2923.125	1366
or division (B)(2) or (D) of section 2923.1213 of the Revised Code	1367
for law enforcement purposes only. The information is confidential	1368
and is not a public record. A person who releases or otherwise	1369
disseminates this information obtained through the law enforcement	1370
automated data system in a manner not described in this division	1371
is guilty of a violation of section 2913.04 of the Revised Code.	1372

(E) Whoever violates division (B) of this section is guilty	1373
of illegal release of confidential concealed handgun license	1374
records, a felony of the fifth degree. In addition to any	1375
penalties imposed under Chapter 2929. of the Revised Code for a	1376
violation of division (B) of this section or a violation of	1377
section 2913.04 of the Revised Code described in division (D) of	1378
this section, if the offender is a sheriff, an employee of a	1379
sheriff, or any other public officer or employee, and if the	1380
violation was willful and deliberate, the offender shall be	1381
subject to a civil fine of one thousand dollars. Any person who is	1382
harmed by a violation of division (B) or (C) of this section or a	1383
violation of section 2913.04 of the Revised Code described in	1384
division (D) of this section has a private cause of action against	1385
the offender for any injury, death, or loss to person or property	1386
that is a proximate result of the violation and may recover court	1387
costs and attorney's fees related to the action.	1388

Sec. 2923.1212.  (A) The following persons, boards, and	1389
entities, or designees, shall post in the following locations a	1390
sign that contains a statement in substantially the following	1391
form: "Unless otherwise authorized by law, pursuant to the Ohio	1392
Revised Code, no person shall knowingly possess, have under the	1393
person's control, convey, or attempt to convey a deadly weapon or	1394
dangerous ordnance onto these premises.":	1395

(1) The director of public safety or the person or board	1396
charged with the erection, maintenance, or repair of police	1397
stations, municipal jails, and the municipal courthouse and	1398
courtrooms in a conspicuous location at all police stations,	1399
municipal jails, and municipal courthouses and courtrooms;	1400

(2) The sheriff or sheriff's designee who has charge of the	1401
sheriff's office in a conspicuous location in that office;	1402

(3) The superintendent of the state highway patrol or the	1403
superintendent's designee in a conspicuous location at all state	1404
highway patrol stations;	1405

(4) Each sheriff, chief of police, or person in charge of	1406
every county, multicounty, municipal, municipal-county, or	1407
multicounty-municipal jail or workhouse, community-based	1408
correctional facility, halfway house, alternative residential	1409
facility, or other local or state correctional institution or	1410
detention facility within the state, or that person's designee, in	1411
a conspicuous location at that facility under that person's	1412
charge;	1413

(5) The board of trustees of a regional airport authority,	1414
chief administrative officer of an airport facility, or other	1415
person in charge of an airport facility in a conspicuous location	1416
at each airport facility under that person's control;	1417

(6) The officer or officer's designee who has charge of a	1418
courthouse or the building or structure in which a courtroom is	1419
located in a conspicuous location in that building or structure;	1420

(7) The superintendent of the bureau of criminal	1421
identification and investigation or the superintendent's designee	1422
in a conspicuous location in all premises controlled by that	1423
bureau;	1424

(8) The owner, administrator, or operator of a child day-care	1425
center, a type A family day-care home, a type B family day-care	1426
home, or a type C family day-care home;	1427

(9) The officer of this state or of the political subdivision	1428
of this state, or the officer's designee, who has charge of a	1429
building that is owned by this state or the political subdivision	1430
of this state, or who has charge of the portion of a building that	1431
is not owned by any governmental entity listed in this division	1432
but that is leased by a governmental entity listed in this	1433
division.	1434

(B) The following boards, bodies, and persons, or designees,	1435
shall post in the following locations a sign that contains a	1436
statement in substantially the following form: "Unless otherwise	1437
authorized by law, pursuant to Ohio Revised Code section 2923.122,	1438
no person shall knowingly possess, have under the person's	1439
control, convey, or attempt to convey a deadly weapon or dangerous	1440
ordnance into a school safety zone.":	1441

(1) A board of education of a city, local, exempted village,	1442
or joint vocational school district or that board's designee in a	1443
conspicuous location in each building and on each parcel of real	1444
property owned or controlled by the board;	1445

(2) A governing body of a school for which the state board of	1446
education prescribes minimum standards under section 3301.07 of	1447
the Revised Code or that body's designee in a conspicuous location	1448
in each building and on each parcel of real property owned or	1449
controlled by the school;	1450

(3) The principal or chief administrative officer of a	1451
nonpublic school in a conspicuous location on property owned or	1452
controlled by that nonpublic school.	1453

Sec. 2923.16.  (A) No person shall knowingly discharge a	1454
firearm while in or on a motor vehicle.	1455

(B) No person shall knowingly transport or have a loaded	1456
firearm in a motor vehicle in such a manner that the firearm is	1457
accessible to the operator or any passenger without leaving the	1458
vehicle.	1459

(C) No person shall knowingly transport or have a firearm in	1460
a motor vehicle, unless it is unloaded and is carried in one of	1461
the following ways:	1462

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

1463

(2) In a compartment that can be reached only by leaving the	1464
vehicle;	1465

(3) In plain sight and secured in a rack or holder made for	1466
the purpose;	1467

(4) In plain sight with the action open or the weapon	1468
stripped, or, if the firearm is of a type on which the action will	1469
not stay open or which cannot easily be stripped, in plain sight.	1470

(D) No person shall knowingly transport or have a loaded	1471
handgun in a motor vehicle if, at the time of that transportation	1472
or possession, any of the following applies:	1473

(1) The person is under the influence of alcohol, a drug of	1474
abuse, or a combination of them.	1475

(2) The person's whole blood, blood serum or plasma, breath,	1476
or urine contains a concentration of alcohol prohibited for	1477
persons operating a vehicle, as specified in division (A) of	1478
section 4511.19 of the Revised Code, regardless of whether the	1479
person at the time of the transportation or possession as	1480
described in this division is the operator of or a passenger in	1481
the motor vehicle.	1482

(E) No person who has been issued a license or temporary	1483
emergency license to carry a concealed handgun under section	1484
2923.125 or 2923.1213 of the Revised Code shall do any of the	1485
following:	1486

(1) Knowingly transport or have a loaded handgun in a motor	1487
vehicle unless the loaded handgun either is in a holster and in	1488
plain sight on the person's person or it is securely encased by	1489
being stored in a closed, locked glove compartment or in a case	1490
that is in plain sight and that is locked;	1491

(2) If the person is transporting or has a loaded handgun in	1492
a motor vehicle in a manner authorized under division (E)(1) of	1493
this section, knowingly remove or attempt to remove the loaded	1494
handgun from the holster, glove compartment, or case, knowingly	1495
grasp or hold the loaded handgun, or knowingly have contact with	1496
the loaded handgun by touching it with the person's hands or	1497
fingers while the motor vehicle is being operated on a street,	1498
highway, or public property unless the person removes, attempts to	1499
remove, grasps, holds, or has the contact with the loaded handgun	1500
pursuant to and in accordance with directions given by a law	1501
enforcement officer;	1502

(3) If the person is the driver or an occupant of a motor	1503
vehicle that is stopped as a result of a traffic stop or a stop	1504
for another law enforcement purpose and if the person is	1505
transporting or has a loaded handgun in the motor vehicle in any	1506
manner, fail to promptly inform any law enforcement officer who	1507
approaches the vehicle while stopped that the person has been	1508
issued a license or temporary emergency license to carry a	1509
concealed handgun and that the person then possesses or has a	1510
loaded handgun in the motor vehicle.	1511

(4) If the person is the driver or an occupant of a motor	1512
vehicle that is stopped as a result of a traffic stop or a stop	1513
for another law enforcement purpose and if the person is	1514
transporting or has a loaded handgun in the motor vehicle in any	1515
manner, knowingly disregard or fail to comply with any lawful	1516
order of any law enforcement officer given while the motor vehicle	1517
is stopped, knowingly fail to remain in the motor vehicle while	1518
stopped, or knowingly fail to keep the person's hands in plain	1519
sight at any time after any law enforcement officer begins	1520
approaching the person while stopped and before the law	1521
enforcement officer leaves, unless, regarding a failure to remain	1522
in the motor vehicle or to keep the person's hands in plain sight,	1523
the failure is pursuant to and in accordance with directions given	1524
by a law enforcement officer;	1525

(5) If the personor is described in division (F)(5)(b) of	1526
this section, who is the driver or an occupant of a motor vehicle	1527
that is stopped as a result of a traffic stop or a stop for	1528
another law enforcement purpose, if the personand who is	1529
transporting or has a loaded handgun in the motor vehicle in a	1530
manner authorized under division (E)(1) of this section, and if	1531
the person is approached by any law enforcement officer while	1532
stopped, knowingly remove or attempt to remove the loaded handgun	1533
from the holster, glove compartment, or case, knowingly grasp or	1534
hold the loaded handgun, or knowingly have contact with the loaded	1535
handgun by touching it with the person's hands or fingers in the	1536
motor vehicle at any time after the law enforcement officer begins	1537
approaching and before the law enforcement officer leavesshall,	1538
while stopped, knowingly brandish the loaded handgun in a menacing	1539
manner while a law enforcement officer is approaching the vehicle	1540
or in a law enforcement officer's presence, knowingly threaten a	1541
law enforcement officer with the loaded handgun, knowingly point	1542
the loaded handgun at a law enforcement officer, or otherwise	1543
knowingly cause a law enforcement officer to believe that the	1544
person will cause or attempt to cause physical harm to a law	1545
enforcement officer with the handgun, unless the person removes,	1546
attempts to remove, grasps, holds, or has contact with the loaded	1547
handgunengages in the conduct pursuant to and in accordance with	1548
directions given by the law enforcement officer.	1549

(F)(1) This section does not apply to officers, agents, or	1550
employees of this or any other state or the United States, or to	1551
law enforcement officers, when authorized to carry or have loaded	1552
or accessible firearms in motor vehicles and acting within the	1553
scope of their duties.	1554

(2) Division (A) of this section does not apply to a person	1555
if all of the following circumstances apply:	1556

(a) The person discharges a firearm from a motor vehicle at a	1557
coyote or groundhog, the discharge is not during the deer gun	1558
hunting season as set by the chief of the division of wildlife of	1559
the department of natural resources, and the discharge at the	1560
coyote or groundhog, but for the operation of this section, is	1561
lawful.	1562

(b) The motor vehicle from which the person discharges the	1563
firearm is on real property that is located in an unincorporated	1564
area of a township and that either is zoned for agriculture or is	1565
used for agriculture.	1566

(c) The person owns the real property described in division	1567
(F)(2)(b) of this section, is the spouse or a child of another	1568
person who owns that real property, is a tenant of another person	1569
who owns that real property, or is the spouse or a child of a	1570
tenant of another person who owns that real property.	1571

(d) The person does not discharge the firearm in any of the	1572
following manners:	1573

(i) While under the influence of alcohol, a drug of abuse, or	1574
alcohol and a drug of abuse;	1575

(ii) In the direction of a street, highway, or other public	1576
or private property used by the public for vehicular traffic or	1577
parking;	1578

(iii) At or into an occupied structure that is a permanent or	1579
temporary habitation;	1580

(iv) In the commission of any violation of law, including,	1581
but not limited to, a felony that includes, as an essential	1582
element, purposely or knowingly causing or attempting to cause the	1583
death of or physical harm to another and that was committed by	1584
discharging a firearm from a motor vehicle.	1585

(3) Division (A) of this section does not apply to a person	1586
who discharges a firearm in self-defense while in or on a motor	1587
vehicle.	1588

(4) Divisions (B) and (C) of this section do not apply to a	1589
person if all of the following circumstances apply:	1590

(a) At the time of the alleged violation of either of those	1591
divisions, the person is the operator of or a passenger in a motor	1592
vehicle.	1593

(b) The motor vehicle is on real property that is located in	1594
an unincorporated area of a township and that either is zoned for	1595
agriculture or is used for agriculture.	1596

(c) The person owns the real property described in division	1597
(D)(3)(F)(4)(b) of this section, is the spouse or a child of	1598
another person who owns that real property, is a tenant of another	1599
person who owns that real property, or is the spouse or a child of	1600
a tenant of another person who owns that real property.	1601

(d) The person, prior to arriving at the real property	1602
described in division (D)(3)(F)(4)(b) of this section, did not	1603
transport or possess a firearm in the motor vehicle in a manner	1604
prohibited by division (B) or (C) of this section while the motor	1605
vehicle was being operated on a street, highway, or other public	1606
or private property used by the public for vehicular traffic or	1607
parking.	1608

(4)(5) Divisions (B) and (C) of this section do not apply to	1609
aany of the following:	1610

(a) A person who transports or possesses a handgun in a motor	1611
vehicle if, at the time of that transportation or possession, all	1612
of the following apply:	1613

(a) The person transporting or possessing the handgun is	1614
carrying a valid, who has been issued a license or temporary	1615
emergency license to carry a concealed handgun issued to the	1616
person under section 2923.125 or 2923.1213 of the Revised Code or	1617
a license to carry a concealed handgun that was issued by another	1618
state with which the attorney general has entered into a	1619
reciprocity agreement under section 109.69 of the Revised Code.	1620

(b) The person transporting or possessing the handgun, whose	1621
license or temporary emergency license issued as described in this	1622
division is valid at the time of the transportation or possession	1623
of the handgun, and who at the time of the transportation or	1624
possession of the handgun is not knowingly in a place described	1625
in division (B) of section 2923.126 of the Revised Code. The	1626
exemption provided in division (F)(5)(a) of this section applies	1627
to a person who has been issued a license or temporary emergency	1628
license as described in division (F)(5)(a) of this section and who	1629
satisfies the other criteria specified for the exemption	1630
regardless of whether the person, at the time of the	1631
transportation or possession of the handgun, is carrying that	1632
license or temporary emergency license.	1633

(c) Either the handgun is in a holster and in plain sight on	1634
the person's person or the handgun is securely encased by being	1635
stored in a closed, locked glove compartment or in a case that is	1636
in plain sight and that is locked.	1637

(b) A person who, at the time of the transportation or	1638
possession of the handgun, is legally permitted to purchase a	1639
firearm under the laws of this state and the United States, would	1640
meet all the requirements for a license to carry a concealed	1641
handgun under division (D)(1) of section 2923.125 of the Revised	1642
Code if the person had submitted an application for a license to	1643
carry a concealed handgun at that time, and is not knowingly in a	1644
place described in division (B) of section 2923.126 of the Revised	1645
Code. For purposes of division (F)(5)(b) of this section, a person	1646
would meet the requirement for a license that is specified in	1647
division (D)(1)(l) of section 2923.125 of the Revised Code if the	1648
person has a competency certification of any type described in	1649
division (B)(3) of that section, and the person has read the	1650
pamphlet described in division (B)(4) of that section, regardless	1651
of whether the person has submitted to another person	1652
certifications of the types described in divisions (B)(3) and (4)	1653
of that section.	1654

(G)(1) The affirmative defenses authorized in divisions	1655
(D)(C)(1) and (2) of section 2923.12 of the Revised Code are	1656
affirmative defenses to a charge under division (B) or (C) of this	1657
section that involves a firearm other than a handgun.	1658

(2) It is an affirmative defense to a charge under division	1659
(B) or (C) of this section of improperly handling firearms in a	1660
motor vehicle that the actor transported or had the firearm in the	1661
motor vehicle for any lawful purpose and while the motor vehicle	1662
was on the actor's own property, provided that this affirmative	1663
defense is not available unless the person, prior to arriving at	1664
the actor's own property, did not transport or possess the firearm	1665
in a motor vehicle in a manner prohibited by division (B) or (C)	1666
of this section while the motor vehicle was being operated on a	1667
street, highway, or other public or private property used by the	1668
public for vehicular traffic.	1669

(H) No person who is charged with a violation of division	1670
(B), (C), or (D) of this section shall be required to obtain a	1671
license or temporary emergency license to carry a concealed	1672
handgun under section 2923.125 or 2923.1213 of the Revised Code as	1673
a condition for the dismissal of the charge.	1674

(I) Whoever violates this section is guilty of improperly	1675
handling firearms in a motor vehicle. Violation of division (A) of	1676
this section is a felony of the fourth degree. Violation of	1677
division (C) of this section is a misdemeanor of the fourth	1678
degree. A violation of division (D) of this section is a felony of	1679
the fifth degree. A violation of division (E)(3) of this section	1680
is a misdemeanor of the fourth degree. A violation of division	1681
(E)(1), (2), or (5) of this section is a felony of the fifth	1682
degree. A violation of division (E)(4) of this section is a	1683
misdemeanor of the first degree or, if the offender previously has	1684
been convicted of or pleaded guilty to a violation of division	1685
(E)(4) of this section, a felony of the fifthfourth degree. A	1686
violation of division (B) of this section is whichever of the	1687
following is applicable:	1688

(1) If, at the time of the transportation or possession in	1689
violation of division (B) of this section, the offender was	1690
carrying a valid license or temporary emergency license to carry a	1691
concealed handgun issued to the offender under section 2923.125 or	1692
2923.1213 of the Revised Code or a license to carry a concealed	1693
handgun that was issued by another state with which the attorney	1694
general has entered into a reciprocity agreement under section	1695
109.69 of the Revised Code and the offender was not knowingly in a	1696
place described in division (B) of section 2923.126 of the Revised	1697
Code, the violation is a misdemeanor of the first degree or, if	1698
the offender previously has been convicted of or pleaded guilty to	1699
a violation of division (B) of this section, a felony of the	1700
fourth degree.	1701

(2) If division (I)(1) of this section does not apply, a	1702
felony of the fourth degree.	1703

(J) If a law enforcement officer stops a motor vehicle for a	1704
traffic stop or any other purpose, if any person in the motor	1705
vehicle surrenders a firearm to the officer, either voluntarily or	1706
pursuant to a request or demand of the officer, and if the officer	1707
does not charge the person with a violation of this section or	1708
arrest the person for any offense, the person is not otherwise	1709
prohibited by law from possessing the firearm, and the firearm is	1710
not contraband, the officer shall return the firearm to the person	1711
at the termination of the stop.	1712

(K) As used in this section:

1713

(1) "Motor vehicle," "street," and "highway" have the same	1714
meanings as in section 4511.01 of the Revised Code.	1715

(2) "Occupied structure" has the same meaning as in section	1716
2909.01 of the Revised Code.	1717

(3) "Agriculture" has the same meaning as in section 519.01	1718
of the Revised Code.	1719

(4) "Tenant" has the same meaning as in section 1531.01 of	1720
the Revised Code.	1721

(5) "Unloaded" means, with respect to a firearm employing a	1722
percussion cap, flintlock, or other obsolete ignition system, when	1723
the weapon is uncapped or when the priming charge is removed from	1724
the pan.	1725

Section 2. That existing sections 1547.69, 2923.12, 2923.122,	1726
2923.123, 2923.124, 2923.125, 2923.126, 2923.129, 2923.1212, and	1727
2923.16 of the Revised Code are hereby repealed.	1728