130th Ohio General Assembly
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H. B. No. 595  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 595


Representative Patmon 

Cosponsor: Representative Celeste 



A BILL
To amend sections 2911.21, 2923.122, and 2923.126 of the Revised Code to generally prohibit a person from having a firearm on privately owned land or premises unless the person owns, controls, or resides on or in the land or premises, has permission of the owner or person who controls the land or premises and, if the land or premises is rental property, of the tenant when required, or is the tenant with respect to those premises.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 2911.21, 2923.122, and 2923.126 of the Revised Code be amended to read as follows:
Sec. 2911.21.  (A) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either;
(5) Knowingly carry a firearm on, onto, or into any private land or premises unless any of the following applies:
(a) The person is the owner or person in control of the private land or premises.
(b) The person resides on or in the private land or premises.
(c) The private land or premises is not residential rental premises or commercial rental premises, the owner or person in control of the private land or premises permits another person to carry a firearm on, onto, or into the land or premises either by posting a sign in a conspicuous location on the land or premises that expressly permits other persons to carry a firearm on, onto, or into the land or premises or by granting the other person express permission, orally or in writing, to carry a firearm on, onto, or into the land or premises, and the person's carrying of the firearm on, onto, or into the private land or premises is in accordance with that permission and not in violation of any term or condition imposed pursuant to division (F)(1) of this section upon the carrying of the firearm.
(d) The private land or premises is residential rental premises or commercial rental premises, and the person is the tenant with respect to those rental premises.
(e) The private land or premises is residential rental premises, the owner or person in control of the private land or premises permits a person who is not the tenant with respect to those rental premises and is not a guest of that tenant to carry a firearm on, onto, or into those rental premises by granting the other person express permission, orally or in writing, to carry a firearm on, onto, or into those rental premises, the person is not the tenant with respect to those rental premises and is not a guest of that tenant, and the person's carrying of the firearm on, onto, or into those rental premises is in accordance with that permission and not in violation of any term or condition imposed pursuant to division (F)(1) of this section upon the carrying of the firearm.
(f) The private land or premises is residential rental premises, the owner or person in control of the private land or premises permits any guest of the tenant with respect to those rental premises to carry a firearm on, onto, or into those rental premises by including in the rental agreement for the rental premises a provision that expressly permits guests of that tenant to carry a firearm on, onto, or into those rental premises, the person is the guest of the tenant with respect to those rental premises, the tenant with respect to those rental premises permits the guest to carry a firearm on, onto, or into those rental premises, and the person's carrying of the firearm on, onto, or into those rental premises is in accordance with those permissions and not in violation of any term or condition imposed pursuant to division (F)(1) or (2) of this section upon the carrying of the firearm.
(g) The private land or premises is commercial rental premises, the owner or person in control of the private land or premises permits any person who is not the tenant with respect to those rental premises to carry a firearm on, onto, or into those rental premises by including in the rental agreement for the rental premises a provision that expressly permits such a person to carry a firearm on, onto, or into those rental premises, the person is not the tenant with respect to those rental premises, the tenant with respect to those rental premises permits such a person to carry a firearm on, onto, or into those rental premises either by posting a sign in a conspicuous location on the premises that expressly permits other persons to carry a firearm on, onto, or into those rental premises or by granting the other person express permission, orally or in writing, to carry a firearm on, onto, or into those rental premises, and the person's carrying of the firearm on, onto, or into those rental premises is in accordance with those permissions and not in violation of any term or condition imposed pursuant to division (F)(1) or (2) of this section upon the carrying of the firearm.
(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.
(C) It is no defense to a charge under division (A)(1), (2), (3), or (4) of this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.
(D)(1) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
(2) Notwithstanding section 2929.28 of the Revised Code, if the person, in committing the violation of this section, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court shall impose a fine of two times the usual amount imposed for the violation.
(3) If an offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, and the offender, in committing each violation, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impound the certificate of registration of that snowmobile or off-highway motorcycle or the certificate of registration and license plate of that all-purpose vehicle for not less than sixty days. In such a case, section 4519.47 of the Revised Code applies.
(E) Notwithstanding any provision of the Revised Code, if the offender, in committing the violation of this section, used an all-purpose vehicle, the clerk of the court shall pay the fine imposed pursuant to this section to the state recreational vehicle fund created by section 4519.11 of the Revised Code.
(F)(1) An owner or person in control of private land or premises who pursuant to division (A)(5)(c), (e), (f), or (g) of this section permits another person to carry a firearm on, onto, or into the land or premises may impose terms and conditions upon the other person's carrying of a firearm on, onto, or into the land or premises. Any term or condition so imposed shall be specified in the provision of the posted sign or the oral or written grant, the rental agreement, or the oral or written grant referred to in division (A)(5)(c), (e), (f), or (g) of this section, whichever is applicable, that expressly permits the other person to carry a firearm on, onto, or into the land or premises. If an owner or person in control of private land or premises imposes terms and conditions upon another person's carrying of a firearm on, onto, or into the land or premises pursuant to this division, the other person shall not carry a firearm on, onto, or into the land or premises in violation of any of the terms or conditions.
(2) A tenant with respect to residential rental premises who pursuant to division (A)(5)(f) of this section permits a guest to carry a firearm on, onto, or into the premises or a tenant with respect to commercial rental premises who pursuant to division (A)(5)(g) of this section permits another person to carry a firearm on, onto, or into the premises may impose terms and conditions upon the guest's or other person's carrying of a firearm on, onto, or into the land or premises. Any term or condition so imposed shall be specified in the provision of the posted sign or the oral or written grant referred to in division (A)(5)(f) or (g) of this section, whichever is applicable, that expressly permits the guest or other person to carry a firearm on, onto, or into the land or premises. If a tenant imposes terms and conditions upon guest's or other person's carrying of a firearm on, onto, or into the land or premises pursuant to this division, the guest or other person shall not carry a firearm on, onto, or into the land or premises in violation of any of the terms or conditions.
(3) Division (A)(5) of this section applies to any person, including a concealed handgun licensee.
(G) As used in this section:
(1) "All-purpose vehicle," "off-highway motorcycle," and "snowmobile" have the same meanings as in section 4519.01 of the Revised Code.
(2) "Land or premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
(3) "Concealed handgun licensee" means a person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 209.69 of the Revised Code.
(4) "Owner or person in control of private land or premises" means any of the following:
(a) The person who owns the private land or premises;
(b) If the private land or premises is land or premises owned by this state or a political subdivision of this state that is leased by a private person or entity, the private person or entity that leases the land or premises;
(c) The agent, representative, or employee of a person described in division (H)(4)(a) of this section and who exercises control over the land or premises on behalf of the person who owns the land or premises;
(d) The agent, representative, or employee of a person described in division (H)(4)(b) of this section and who exercises control over the land or premises on behalf of the person who leases the land or premises.
(5) "Private land or premises" means any land or premises that is privately owned and any land or premises owned by this state or a political subdivision of this state that is leased by a private person or entity.
(6) "Residential rental premises" means any residential premises, as defined in section 5321.01 of the Revised Code, except that "residential rental premises" does not include a dwelling unit that is owned or operated by a college or university.
(7) "Commercial rental premises" means any rental premises that are not residential rental premises and are not a dwelling unit that is owned or operated by a college or university.
Sec. 2923.122.  (A) No person shall knowingly convey, or attempt to convey, a deadly weapon or dangerous ordnance into a school safety zone.
(B) No person shall knowingly possess a deadly weapon or dangerous ordnance in a school safety zone.
(C) No person shall knowingly possess an object in a school safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
(2) The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
(D)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer's, agent's, or employee's duties, a security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment, or any other person who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization;
(b) Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (D)(1)(b) of this section does not apply to the person.
(2) Division (C) of this section does not apply to premises upon which home schooling is conducted. Division (C) of this section also does not apply to a school administrator, teacher, or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher, or employee, or any other person who with the express prior approval of a school administrator possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, reenactment, or other dramatic presentation, or a ROTC activity or another similar use of the object.
(3) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
(a) The person does not enter into a school building or onto school premises and is not at a school activity.
(b) The person is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.
(c) The person is in the school safety zone in accordance with 18 U.S.C. 922(q)(2)(B).
(d) The person is not knowingly in a place described in division (B)(1) or (B)(3) to (10)(12) of section 2923.126 of the Revised Code.
(4) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
(a) The person is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.
(b) The person is the driver or passenger in a motor vehicle and is in the school safety zone while immediately in the process of picking up or dropping off a child.
(c) The person is not in violation of section 2923.16 of the Revised Code.
(E)(1) Whoever violates division (A) or (B) of this section is guilty of illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone. Except as otherwise provided in this division, illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone is a felony of the fifth degree. If the offender previously has been convicted of a violation of this section, illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone is a felony of the fourth degree.
(2) Whoever violates division (C) of this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony of the fifth degree.
(F)(1) In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section and subject to division (F)(2) of this section, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code, the court shall impose upon the offender a class four suspension of the offender's probationary driver's license, restricted license, driver's license, commercial driver's license, temporary instruction permit, or probationary commercial driver's license that then is in effect from the range specified in division (A)(4) of section 4510.02 of the Revised Code and shall deny the offender the issuance of any permit or license of that type during the period of the suspension.
If the offender is not a resident of this state, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in division (A)(4) of section 4510.02 of the Revised Code.
(2) If the offender shows good cause why the court should not suspend one of the types of licenses, permits, or privileges specified in division (F)(1) of this section or deny the issuance of one of the temporary instruction permits specified in that division, the court in its discretion may choose not to impose the suspension, revocation, or denial required in that division.
(G) As used in this section, "object that is indistinguishable from a firearm" means an object made, constructed, or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
Sec. 2923.126.  (A) A license to carry a concealed handgun that is issued under section 2923.125 of the Revised Code on or after March 14, 2007, shall expire five years after the date of issuance, and a license that is so issued prior to March 14, 2007, shall expire four years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee's license expires during which the licensee's license remains valid. Except as provided in divisions (B) and (C) of this section, a licensee who has been issued a license under section 2923.125 or 2923.1213 of the Revised Code may carry a concealed handgun anywhere in this state if the licensee also carries a valid license and valid identification when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee's residence address to the sheriff who issued the license within forty-five days after that change.
If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently possesses or has a loaded handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the motor vehicle is stopped, knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the licensee's hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (E) of section 2923.16 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves. Additionally, if a licensee is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.04 of the Revised Code and if the licensee is transporting or has a loaded handgun in the commercial motor vehicle at that time, the licensee shall promptly inform the employee of the unit who approaches the vehicle while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently possesses or has a loaded handgun.
If a licensee is stopped for a law enforcement purpose and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform any law enforcement officer who approaches the licensee while stopped that the licensee has been issued a license or temporary emergency license to carry a concealed handgun and that the licensee currently is carrying a concealed handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the licensee is stopped or knowingly fail to keep the licensee's hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (B) of section 2923.12 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves.
(B) A valid license issued under section 2923.125 or 2923.1213 of the Revised Code does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:
(1) A police station, sheriff's office, or state highway patrol station, premises controlled by the bureau of criminal identification and investigation, a state correctional institution, jail, workhouse, or other detention facility, an airport passenger terminal, or an institution that is maintained, operated, managed, and governed pursuant to division (A) of section 5119.02 of the Revised Code or division (A)(1) of section 5123.03 of the Revised Code;
(2) A school safety zone if the licensee's carrying the concealed handgun is in violation of section 2923.122 of the Revised Code;
(3) A courthouse or another building or structure in which a courtroom is located, in violation of section 2923.123 of the Revised Code;
(4) Any premises or open air arena for which a D permit has been issued under Chapter 4303. of the Revised Code if the licensee's carrying the concealed handgun is in violation of section 2923.121 of the Revised Code;
(5) Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle;
(6) Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise;
(7) A child day-care center, a type A family day-care home, a type B family day-care home, or a type C family day-care home, except that this division does not prohibit a licensee who resides in a type A family day-care home, a type B family day-care home, or a type C family day-care home from carrying a concealed handgun at any time in any part of the home that is not dedicated or used for day-care purposes, or from carrying a concealed handgun in a part of the home that is dedicated or used for day-care purposes at any time during which no children, other than children of that licensee, are in the home;
(8) An aircraft that is in, or intended for operation in, foreign air transportation, interstate air transportation, intrastate air transportation, or the transportation of mail by aircraft;
(9) Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of this section;
(10) Any private land or premises, including any residential rental premises, other dwelling, or commercial rental premises, that is not any land or premises of a type described in divisions (B)(1) to (9), (11), or (12) of this section, unless pursuant to divisions (A)(5)(a) to (g) of section 2911.21 of the Revised Code, the licensee's carrying of a concealed handgun on, onto, or into the land or premises is permitted.
(11) Any land or premises owned by the state or a political subdivision of this state that is leased by a private person or entity, including any residential rental premises, other dwelling, or commercial rental premises, that is not any land or premises of a type described in divisions (B)(1) to (9), (10), or (12) of this section, unless pursuant to divisions (A)(5)(a) to (g) of section 2911.21 of the Revised Code, the licensee's carrying of a concealed handgun on, onto, or into the land or premises is permitted.
(12) A place in which federal law prohibits the carrying of handguns.
(C)(1) Nothing in this section shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this section shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer.
(2)(a) A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer. As used in this division, "private employer" includes a private college, university, or other institution of higher education.
(b) A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Chapter 2744. of the Revised Code, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in section 2744.01 of the Revised Code.
(3)(a) Except as provided in division (C)(3)(b) of this section, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and is guilty of a misdemeanor of the fourth degree. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and instead is subject only to a civil cause of action for trespass based on the violation.
No posting is needed to prohibit a licensee who has been issued a license under section 2923.125 or 2923.1213 of the Revised Code from carrying a concealed handgun on, onto, or into any land or premises that is within the coverage of division (B)(10) or (11) of this section, and the restrictions specified in those divisions against such a licensee carrying a concealed handgun on, onto, or into any such land or premises automatically apply by operation of law. An owner or person in control of land or premises that is within the coverage of division (B)(10) or (11) of this section may pursuant to divisions (A)(5)(a) to (g) of section 2911.21 of the Revised Code permit a licensee who has been issued a license under section 2923.125 or 2923.1213 of the Revised Code to carry a concealed handgun on, onto, or into the land or premises.
(b) A private person or entity leasing land or premises owned by the United States or a political subdivision of the United States who is a landlord may not prohibit or restrict a tenant who is a licensee and who on or after the effective date of this amendment September 9, 2008, and prior to the effective date of this amendment enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
(c) As used in division (C)(3) of this section:
(i) "Residential premises" has the same meaning as in section 5321.01 of the Revised Code, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
(ii) "Landlord," "tenant," and "rental agreement" have the same meanings as in section 5321.01 of the Revised Code.
(D) A person who holds a license to carry a concealed handgun that was issued pursuant to the law of another state that is recognized by the attorney general pursuant to a reciprocity agreement entered into pursuant to section 109.69 of the Revised Code has the same right to carry a concealed handgun in this state as a person who was issued a license to carry a concealed handgun under section 2923.125 of the Revised Code and is subject to the same restrictions that apply to a person who carries a license issued under that section.
(E) A peace officer has the same right to carry a concealed handgun in this state as a person who was issued a license to carry a concealed handgun under section 2923.125 of the Revised Code. For purposes of reciprocity with other states, a peace officer shall be considered to be a licensee in this state.
(F)(1) A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to division (F)(2) of this section and a valid firearms requalification certification issued pursuant to division (F)(3) of this section has the same right to carry a concealed handgun in this state as a person who was issued a license to carry a concealed handgun under section 2923.125 of the Revised Code and is subject to the same restrictions that apply to a person who carries a license issued under that section. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to division (F)(2) of this section and a valid firearms requalification certification issued pursuant to division (F)(3) of this section shall be considered to be a licensee in this state.
(2)(a) Each public agency of this state or of a political subdivision of this state that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:
(i) The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.
(ii) Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
(iii) At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.
(iv) Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of fifteen years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
(b) A retired peace officer identification card issued to a person under division (F)(2)(a) of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this state from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section. In addition to the required content specified in this division, a retired peace officer identification card issued to a person under division (F)(2)(a) of this section may include the firearms requalification certification described in division (F)(3) of this section, and if the identification card includes that certification, the identification card shall serve as the firearms requalification certification for the retired peace officer. If the issuing public agency issues credentials to active law enforcement officers who serve the agency, the agency may comply with division (F)(2)(a) of this section by issuing the same credentials to persons who retired from service as a peace officer with the agency and who satisfy the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED."
(c) A public agency of this state or of a political subdivision of this state may charge persons who retired from service as a peace officer with the agency a reasonable fee for issuing to the person a retired peace officer identification card pursuant to division (F)(2)(a) of this section.
(3) If a person retired from service as a peace officer with a public agency of this state or of a political subdivision of this state and the person satisfies the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section, the public agency may provide the retired peace officer with the opportunity to attend a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code. The retired peace officer may be required to pay the cost of the course.
If a retired peace officer who satisfies the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section attends a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code, the retired peace officer's successful completion of the firearms requalification program requalifies the retired peace officer for purposes of division (F) of this section for five years from the date on which the program was successfully completed, and the requalification is valid during that five-year period. If a retired peace officer who satisfies the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section satisfactorily completes such a firearms requalification program, the retired peace officer shall be issued a firearms requalification certification that identifies the retired peace officer by name, identifies the entity that taught the program, specifies that the retired peace officer successfully completed the program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for five years from that date of successful completion. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under division (F)(2) of this section.
A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code may be required to pay the cost of the program.
(G) As used in this section:
(1) "Qualified retired peace officer" means a person who satisfies all of the following:
(a) The person satisfies the criteria set forth in divisions (F)(2)(a)(i) to (v) of this section.
(b) The person is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
(c) The person is not prohibited by federal law from receiving firearms.
(2) "Retired peace officer identification card" means an identification card that is issued pursuant to division (F)(2) of this section to a person who is a retired peace officer.
(3) "Government facility of this state or a political subdivision of this state" means any of the following:
(a) A building or part of a building that is owned or leased by the government of this state or a political subdivision of this state and where employees of the government of this state or the political subdivision regularly are present for the purpose of performing their official duties as employees of the state or political subdivision;
(b) The office of a deputy registrar serving pursuant to Chapter 4503. of the Revised Code that is used to perform deputy registrar functions.
(4) "Residential rental premises" means any residential premises, as defined in section 5321.01 of the Revised Code, except that "residential rental premises" does not include a dwelling unit that is owned or operated by a college or university.
(5) "Landlord," "tenant," and "rental agreement" have the same meanings as in section 5321.01 of the Revised Code.
Section 2.  That existing sections 2911.21, 2923.122, and 2923.126 of the Revised Code are hereby repealed.
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