Regards duty to carry a concealed handgun license, notify police

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 348

2025-2026

Representatives Isaacsohn,
Lawson-Rowe

Cosponsors: Representatives Jarrells,
Mohamed, Piccolantonio, Somani, Lett, Rader, Brennan, Sweeney, Brent,
Robinson, Upchurch, Synenberg, Brewer, Baker, Brownlee, Sims, Tims,
Grim, McNally

To
amend sections 109.69, 109.731, 311.41, 311.42, 311.43, 1547.69,
2921.13, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.124,
2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210,
2923.1211, 2923.1213, 2923.16, 2953.35, and 5502.411 and to repeal
section 2923.111 of the Revised Code
to
repeal the changes made by S.B. 215 of the 134th General Assembly to
the laws regarding a concealed handgun licensee's duty to carry the
license and notify law enforcement if the licensee is carrying a
concealed handgun and to rename concealed handgun licenses as basic
competency licenses.

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

Section
1.
That
sections 109.69, 109.731, 311.41, 311.42, 311.43, 1547.69, 2921.13,
2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.124, 2923.125,
2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, 2923.1211,
2923.1213, 2923.16, 2953.35, and 5502.411 of the Revised Code be
amended to read as follows:

Sec.
109.69.
(A)(1)
The attorney general shall negotiate and enter into a reciprocity
agreement with any other license-issuing state under which a

concealed
handgun
basic
competency
license
that is issued by the other state is recognized in this state, except
as provided in division (B) of this section, if the attorney general
determines that both of the following apply:

(a)
The eligibility requirements imposed by that license-issuing state
for that license are substantially comparable to the eligibility
requirements for a
concealed
handgun
basic
competency

license issued under section 2923.125 of the Revised Code.

(b)
That license-issuing state recognizes a
concealed
handgun
basic
competency

license issued under section 2923.125 of the Revised Code.

(2)
A reciprocity agreement entered into under division (A)(1) of this
section also may provide for the recognition in this state of a

concealed
handgun
basic
competency
license
issued on a temporary or emergency basis by the other license-issuing
state, if the eligibility requirements imposed by that
license-issuing state for the temporary or emergency license are
substantially comparable to the eligibility requirements for a

concealed
handgun
basic
competency
license
issued under section 2923.125 or 2923.1213 of the Revised Code and if
that license-issuing state recognizes a
concealed
handgun
basic
competency

license issued under section 2923.1213 of the Revised Code.

(3)
The attorney general shall not negotiate any agreement with any other
license-issuing state under which a
concealed
handgun
basic
competency
license
issued by the other state is recognized in this state other than as
provided in divisions (A)(1) and (2) of this section.

(B)(1)
If, on or after

the effective date of this amendment

March 23, 2015
,
a person who is a resident of this state has a valid
concealed
handgun
basic
competency

license that was issued by another license-issuing state that has
entered into a reciprocity agreement with the attorney general under
division (A)(1) of this section or the attorney general determines
that the eligibility requirements imposed by that license-issuing
state for that license are substantially comparable to the
eligibility requirements for a
concealed
handgun
basic
competency
license
issued under section 2923.125 of the Revised Code, the license issued
by the other license-issuing state shall be recognized in this state,
shall be accepted and valid in this state, and grants the person the
same right to carry a concealed handgun in this state as a person who
was issued a
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code.

(2)
If, on or after

the effective date of this amendment

March 23, 2015
,
a person who is a resident of this state has a valid
concealed
handgun
basic
competency
license
that was issued by another license-issuing state that has not entered
into a reciprocity agreement with the attorney general under division
(A)(1) of this section, the license issued by the other
license-issuing state shall be recognized in this state, shall be
accepted and valid in this state, and grants the person the same
right to carry a concealed handgun in this state as a person who was
issued a
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code for a period of six months
after the person became a resident of this state. After that
six-month period, if the person wishes to obtain a
concealed
handgun
basic
competency
license,
the person shall apply for a

concealed handgun
basic
competency
license
pursuant to section 2923.125 of the Revised Code.

(3)
If, on or after

the effective date of this amendment

March 23, 2015
,
a person who is not a resident of this state has a valid
concealed
handgun
basic
competency
license
that was issued by another license-issuing state, regardless of
whether the other license-issuing state has entered into a
reciprocity agreement with the attorney general under division (A)(1)
of this section, and the person is temporarily in this state, during
the time that the person is temporarily in this state the license
issued by the other license-issuing state shall be recognized in this
state, shall be accepted and valid in this state, and grants the
person the same right to carry a concealed handgun in this state as a
person who was issued a
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code.

(C)
The attorney general shall publish each determination described in
division (B)(1) of this section that the attorney general makes in
the same manner that written agreements entered into under division
(A)(1) or (2) of this section are published.

(D)
As used in this section:

(1)
"Handgun," "
concealed
handgun
basic
competency
license,"
and "valid
concealed
handgun
basic
competency
license"
have the same meanings as in section 2923.11 of the Revised Code.

(2)
"License-issuing state" means a state other than this state
that, pursuant to law, provides for the issuance of a license to
carry a concealed handgun.

Sec.
109.731.
(A)(1)
The attorney general shall prescribe, and shall make available to
sheriffs an application form that is to be used under section
2923.125 of the Revised Code by a person who applies for a
concealed
handgun
basic
competency
license
and an application form that is to be used under section 2923.125 of
the Revised Code by a person who applies for the renewal of a license
of that nature. The attorney general shall design the form to enable
applicants to provide the information that is required by law to be
collected, and shall update the form as necessary. Burdens or
restrictions to obtaining a
concealed
handgun
basic
competency
license
that are not expressly prescribed in law shall not be incorporated
into the form. The attorney general shall post a printable version of
the form on the web site of the attorney general and shall provide
the address of the web site to any person who requests the form.

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

(a)
A form for the
concealed
handgun
basic
competency
license
that is to be issued by sheriffs to persons who qualify for a

concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code and that conforms to the
following requirements:

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

(ii)
It has space for the date of issuance of the license, its expiration
date, its county of issuance, the name of the sheriff who issues the
license, and the unique combination of letters and numbers that
identify the county of issuance and the license given to the licensee
by the sheriff in accordance with division (A)(2)(c) of this section.

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

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

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

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

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

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

(a)
Explains the firearms laws of this state;

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

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

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

(3)
The attorney general shall create and maintain a section on the
attorney general's web site that provides information on firearms
laws of this state specifically applicable to members of the armed
forces of the United States and a link to the pamphlet described in
division (B)(1) of this section.

(C)
The Ohio peace officer training commission shall maintain statistics
with respect to the issuance, renewal, suspension, revocation, and
denial of
concealed
handgun
basic
competency
licenses
under section 2923.125 of the Revised Code and the suspension of
processing of applications for those licenses, and with respect to
the issuance, suspension, revocation, and denial of
concealed
handgun
basic
competency
licenses
on a temporary emergency basis under section 2923.1213 of the Revised
Code, as reported by the sheriffs pursuant to division (C) of section
2923.129 of the Revised Code. Not later than the first day of March
in each year, the commission shall submit a statistical report to the
governor, the president of the senate, and the speaker of the house
of representatives indicating the number of
concealed
handgun
basic
competency
licenses
that were issued, renewed, suspended, revoked, and denied under
section 2923.125 of the Revised Code in the previous calendar year,
the number of applications for those licenses for which processing
was suspended in accordance with division (D)(3) of that section in
the previous calendar year, and the number of
concealed
handgun
basic
competency
licenses
on a temporary emergency basis that were issued, suspended, revoked,
or denied under section 2923.1213 of the Revised Code in the previous
calendar year. Nothing in the statistics or the statistical report
shall identify, or enable the identification of, any individual who
was issued or denied a license, for whom a license was renewed, whose
license was suspended or revoked, or for whom application processing
was suspended. The statistics and the statistical report are public
records for the purpose of section 149.43 of the Revised Code.

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

Sec.
311.41.
(A)(1)
Upon receipt of an application for a
concealed
handgun
basic
competency
license
under division (C) of section 2923.125 of the Revised Code, an
application to renew a
concealed
handgun
basic
competency
license
under division (F) of that section, or an application for a
concealed
handgun
basic
competency
license
on a temporary emergency basis under section 2923.1213 of the Revised
Code, the sheriff shall conduct a criminal records check and an
incompetency check of the applicant to determine whether the
applicant fails to meet the criteria described in division (D)(1) of
section 2923.125 of the Revised Code. As part of any such criminal
records check, the sheriff shall contact the national instant
criminal background check system to verify that the applicant is
eligible lawfully to receive or possess a firearm in the United
States. The sheriff shall conduct the criminal records check and the
incompetency records check required by this division through use of
an electronic fingerprint reading device or, if the sheriff does not
possess and does not have ready access to the use of an electronic
fingerprint reading device, by requesting the bureau of criminal
identification and investigation to conduct the checks as described
in this division.

In
order to conduct the criminal records check and the incompetency
records check, the sheriff shall obtain the fingerprints of at least
four fingers of the applicant by using an electronic fingerprint
reading device for the purpose of conducting the criminal records
check and the incompetency records check or, if the sheriff does not
possess and does not have ready access to the use of an electronic
fingerprint reading device, shall obtain from the applicant a
completed standard fingerprint impression sheet prescribed pursuant
to division (C)(2) of section 109.572 of the Revised Code. The
fingerprints so obtained, along with the applicant's social security
number, shall be used to conduct the criminal records check and the
incompetency records check. If the sheriff does not use an electronic
fingerprint reading device to obtain the fingerprints and conduct the
records checks, the sheriff shall submit the completed standard
fingerprint impression sheet of the applicant, along with the
applicant's social security number, to the superintendent of the
bureau of criminal identification and investigation and shall request
the bureau to conduct the criminal records check and the incompetency
records check of the applicant and, if necessary, shall request the
superintendent of the bureau to obtain information from the federal
bureau of investigation as part of the criminal records check for the
applicant. If it is not possible to use an electronic fingerprint
reading device to conduct an incompetency records check, the sheriff
shall submit the completed standard fingerprint impression sheet of
the applicant, along with the applicant's social security number, to
the superintendent of the bureau of criminal identification and
investigation and shall request the bureau to conduct the
incompetency records check. The sheriff shall not retain the
applicant's fingerprints as part of the application.

(2)
Except as otherwise provided in this division, if at any time the
applicant decides not to continue with the application process, the
sheriff immediately shall cease any investigation that is being
conducted under division (A)(1) of this section. The sheriff shall
not cease that investigation if, at the time of the applicant's
decision not to continue with the application process, the sheriff
had determined from any of the sheriff's investigations that the
applicant then was engaged in activity of a criminal nature.

(B)
If a criminal records check and an incompetency records check
conducted under division (A) of this section do not indicate that the
applicant fails to meet the criteria described in division (D)(1) of
section 2923.125 of the Revised Code, except as otherwise provided in
this division, the sheriff shall destroy or cause a designated
employee to destroy all records other than the application for a

concealed
handgun
basic
competency
license,
the application to renew a
concealed
handgun
basic
competency
license,
or the affidavit submitted regarding an application for a
concealed
handgun
basic
competency
license
on a temporary emergency basis that were made in connection with the
criminal records check and incompetency records check within twenty
days after conducting the criminal records check and incompetency
records check. If an applicant appeals a denial of an application as
described in division (D)(2) of section 2923.125 of the Revised Code
or challenges the results of a criminal records check pursuant to
section 2923.127 of the Revised Code, records of fingerprints of the
applicant shall not be destroyed during the pendency of the appeal or
the challenge and review. When an applicant appeals a denial as
described in that division, the twenty-day period described in this
division commences regarding the fingerprints upon the determination
of the appeal. When required as a result of a challenge and review
performed pursuant to section 2923.127 of the Revised Code, the
source the sheriff used in conducting the criminal records check
shall destroy or the chief operating officer of the source shall
cause an employee of the source designated by the chief to destroy
all records other than the application for a
concealed
handgun
basic
competency
license,
the application to renew a
concealed
handgun
basic
competency
license,
or the affidavit submitted regarding an application for a
concealed
handgun
basic
competency
license
on a temporary emergency basis that were made in connection with the
criminal records check within twenty days after completion of that
challenge and review.

(C)
If division (B) of this section applies to a particular criminal
records check or incompetency records check, no sheriff, employee of
a sheriff designated by the sheriff to destroy records under that
division, source the sheriff used in conducting the criminal records
check or incompetency records check, or employee of the source
designated by the chief operating officer of the source to destroy
records under that division shall fail to destroy or cause to be
destroyed within the applicable twenty-day period specified in that
division all records other than the application for a
concealed
handgun
basic
competency
license,
the application to renew a
concealed
handgun
basic
competency
license,
or the affidavit submitted regarding an application for a
concealed
handgun
basic
competency
license
on a temporary emergency basis made in connection with the particular
criminal records check or incompetency records check.

(D)
Whoever violates division (C) of this section is guilty of failure to
destroy records, a misdemeanor of the second degree.

(E)
As used in this section:

(1)
"
Concealed
handgun
Basic
competency
license"
and "handgun" have the same meanings as in section 2923.11
of the Revised Code.

(2)
"National instant criminal background check system" means
the system established by the United States attorney general pursuant
to section 103 of the "Brady Handgun Violence Prevention Act,"
Pub. L. No. 103-159.

Sec.
311.42.
(A)
Each county shall establish in the county treasury a sheriff's

concealed
handgun
basic
competency
license
issuance expense fund. The sheriff of that county shall deposit into
that fund all fees paid by applicants for the issuance or renewal of
a
concealed
handgun
basic
competency
license
or duplicate
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code and all fees paid by the
person seeking a
concealed
handgun
basic
competency
license
on a temporary emergency basis under section 2923.1213 of the Revised
Code. The county shall distribute all fees deposited into the fund
except forty dollars of each fee paid by an applicant under division
(B) of section 2923.125 of the Revised Code, fifteen dollars of each
fee paid under section 2923.1213 of the Revised Code, and thirty-five
dollars of each fee paid under division (F) of section 2923.125 of
the Revised Code to the attorney general to be used to pay the cost
of background checks performed by the bureau of criminal
identification and investigation and the federal bureau of
investigation and to cover administrative costs associated with
issuing the license.

(B)
The sheriff, with the approval of the board of county commissioners,
may expend any county portion of the fees deposited into the
sheriff's
concealed
handgun
basic
competency
license
issuance expense fund for any of the following:

(1)
Any costs incurred by the sheriff in connection with performing any
administrative functions related to the issuance of
concealed
handgun
basic
competency
licenses
under section 2923.125 or 2923.1213 of the Revised Code, including,
but not limited to, personnel expenses and any costs associated with
a firearm safety education program, or a firearm training or
qualification program that the sheriff chooses to fund;

(2)
Ammunition and firearms to be used by the sheriff and the sheriff's
employees;

(3)
Any costs incurred in constructing, maintaining, or renovating a
shooting range to be used by the sheriff or the sheriff's employees,
including costs incurred for equipment associated with the shooting
range.

Sec.
311.43.
(A)
As used in this section:

(1)
"Certification" means the participation and assent of the
chief law enforcement officer necessary under federal law for the
approval of an application to make or transfer a firearm.

(2)
"Chief law enforcement officer" means any official the
bureau of alcohol, tobacco, firearms, and explosives, or any
successor agency, identifies by regulation or otherwise as eligible
to provide any required certification for the making or transfer of a
firearm.

(3)
"
Concealed
handgun
Basic
competency
license"
has the same meaning as in section 2923.11 of the Revised Code.

(B)
A resident of this state may submit to the sheriff of the county in
which the resident resides or to the sheriff of any county adjacent
to the county in which the resident resides any federal form that
requires a law enforcement certification by a chief law enforcement
officer.

(C)
The sheriff shall accept and process the certification in the same
manner as an application for a
concealed
handgun
basic
competency
license
is processed under section 2923.125 of the Revised Code, including
the requirement for a background check, except as follows:

(1)
If a resident of this state submits one or more federal forms, the
sheriff shall charge the resident no more than the applicable fee
described in division (B)(1)(a) of section 2923.125 of the Revised
Code, without regard to how many federal forms are submitted at the
same time.

(2)
If a resident of this state submits one or more federal forms and
currently has a
concealed
handgun
basic
competency
license
or the sheriff has previously approved a federal form for that
resident, the sheriff shall charge the resident no more than the
applicable fee described in division (F)(4) of section 2923.125 of
the Revised Code, without regard to how many federal forms are
submitted at the same time.

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

(1)
"Firearm," "
concealed
handgun
basic
competency
license,"
"handgun," "valid
concealed
handgun
basic
competency
license,"
and "active duty" have the same meanings as in section
2923.11 of the Revised Code.

(2)
"Unloaded" has the same meanings as in divisions (K)(5) and
(6) of section 2923.16 of the Revised Code, except that all
references in the definition in division (K)(5) of that section to
"vehicle" shall be construed for purposes of this section
to be references to "vessel."

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

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

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

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

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

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

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

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

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

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

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

(b)
Any person who is employed in this state, who is authorized to carry
or have loaded or accessible firearms in a vessel, 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 (H)(1)(b)
of this section does not apply to the person;

(c)
Any person legally engaged in hunting.

(2)
Divisions (C) and (D) of this section do not apply to a person who
transports or possesses a handgun in a vessel and

who has been issued a concealed handgun license that is valid at the
time of that transportation or possession or

who, at the time of that transportation or possession,

either is carrying a valid basic competency license or

is an active duty member of the armed forces of the United States and
is carrying a valid military identification card and documentation of
successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code, unless the person knowingly is in a
place on the vessel described in division (B) of section 2923.126 of
the Revised Code.

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

(J)
Division (L) of section 2923.16 of the Revised Code applies with
respect to division (A)(2) of this section, except that all
references in division (L) of section 2923.16 of the Revised Code to
"vehicle," to "this chapter," or to "division
(K)(5)(a) or (b) of this section" shall be construed for
purposes of this section to be, respectively, references to "vessel,"
to "section 1547.69 of the Revised Code," and to divisions
(K)(5)(a) and (b) of section 2923.16 of the Revised Code as
incorporated under the definition of firearm adopted under division
(A)(2) of this section.

Sec.
2921.13.
(A)
No person shall knowingly make a false statement, or knowingly swear
or affirm the truth of a false statement previously made, when any of
the following applies:

(1)
The statement is made in any official proceeding.

(2)
The statement is made with purpose to incriminate another.

(3)
The statement is made with purpose to mislead a public official in
performing the public official's official function.

(4)
The statement is made with purpose to secure the payment of
unemployment compensation; Ohio works first; prevention, retention,
and contingency benefits and services; disability financial
assistance; retirement benefits or health care coverage from a state
retirement system; economic development assistance, as defined in
section 9.66 of the Revised Code; or other benefits administered by a
governmental agency or paid out of a public treasury.

(5)
The statement is made with purpose to secure the issuance by a
governmental agency of a license, permit, authorization, certificate,
registration, release, or provider agreement.

(6)
The statement is sworn or affirmed before a notary public or another
person empowered to administer oaths.

(7)
The statement is in writing on or in connection with a report or
return that is required or authorized by law.

(8)
The statement is in writing and is made with purpose to induce
another to extend credit to or employ the offender, to confer any
degree, diploma, certificate of attainment, award of excellence, or
honor on the offender, or to extend to or bestow upon the offender
any other valuable benefit or distinction, when the person to whom
the statement is directed relies upon it to that person's detriment.

(9)
The statement is made with purpose to commit or facilitate the
commission of a theft offense.

(10)
The statement is knowingly made to a probate court in connection with
any action, proceeding, or other matter within its jurisdiction,
either orally or in a written document, including, but not limited
to, an application, petition, complaint, or other pleading, or an
inventory, account, or report.

(11)
The statement is made on an account, form, record, stamp, label, or
other writing that is required by law.

(12)
The statement is made in connection with the purchase of a firearm,
as defined in section 2923.11 of the Revised Code, and in conjunction
with the furnishing to the seller of the firearm of a fictitious or
altered driver's or commercial driver's license or permit, a
fictitious or altered identification card, or any other document that
contains false information about the purchaser's identity.

(13)
The statement is made in a document or instrument of writing that
purports to be a judgment, lien, or claim of indebtedness and is
filed or recorded with the secretary of state, a county recorder, or
the clerk of a court of record.

(14)
The statement is made in an application filed with a county sheriff
pursuant to section 2923.125 of the Revised Code in order to obtain
or renew a
concealed
handgun
basic
competency
license
or is made in an affidavit submitted to a county sheriff to obtain a

concealed
handgun
basic
competency
license
on a temporary emergency basis under section 2923.1213 of the Revised
Code.

(15)
The statement is required under section 5743.71 of the Revised Code
in connection with the person's purchase of cigarettes or tobacco
products in a delivery sale.

(B)
No person, in connection with the purchase of a firearm, as defined
in section 2923.11 of the Revised Code, shall knowingly furnish to
the seller of the firearm a fictitious or altered driver's or
commercial driver's license or permit, a fictitious or altered
identification card, or any other document that contains false
information about the purchaser's identity.

(C)
No person, in an attempt to obtain a
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code, shall knowingly present
to a sheriff a fictitious or altered document that purports to be
certification of the person's competence in handling a handgun as
described in division (B)(3) of that section.

(D)
It is no defense to a charge under division (A)(6) of this section
that the oath or affirmation was administered or taken in an
irregular manner.

(E)
If contradictory statements relating to the same fact are made by the
offender within the period of the statute of limitations for
falsification, it is not necessary for the prosecution to prove which
statement was false but only that one or the other was false.

(F)(1)
Whoever violates division (A)(1), (2), (3), (4), (5), (6), (7), (8),
(10), (11), (13), or (15) of this section is guilty of falsification.
Except as otherwise provided in this division, falsification is a
misdemeanor of the first degree.

(2)
Whoever violates division (A)(9) of this section is guilty of
falsification in a theft offense. Except as otherwise provided in
this division, falsification in a theft offense is a misdemeanor of
the first degree. If the value of the property or services stolen is
one thousand dollars or more and is less than seven thousand five
hundred dollars, falsification in a theft offense is a felony of the
fifth degree. If the value of the property or services stolen is
seven thousand five hundred dollars or more and is less than one
hundred fifty thousand dollars, falsification in a theft offense is a
felony of the fourth degree. If the value of the property or services
stolen is one hundred fifty thousand dollars or more, falsification
in a theft offense is a felony of the third degree.

(3)
Whoever violates division (A)(12) or (B) of this section is guilty of
falsification to purchase a firearm, a felony of the fifth degree.

(4)
Whoever violates division (A)(14) or (C) of this section is guilty of
falsification to obtain a
concealed
handgun
basic
competency
license,
a felony of the fourth degree.

(5)
Whoever violates division (A) of this section in removal proceedings
under section 319.26, 321.37, 507.13, or 733.78 of the Revised Code
is guilty of falsification regarding a removal proceeding, a felony
of the third degree.

(G)
A person who violates this section is liable in a civil action to any
person harmed by the violation for injury, death, or loss to person
or property incurred as a result of the commission of the offense and
for reasonable attorney's fees, court costs, and other expenses
incurred as a result of prosecuting the civil action commenced under
this division. A civil action under this division is not the
exclusive remedy of a person who incurs injury, death, or loss to
person or property as a result of a violation of this section.

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

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

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

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

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

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

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

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

(E)
"Automatic firearm" means any firearm designed or specially
adapted to fire a succession of cartridges with a single function of
the trigger.

(F)
"Sawed-off firearm" means a shotgun with a barrel less than
eighteen inches long, or a rifle with a barrel less than sixteen
inches long, or a shotgun or rifle less than twenty-six inches long
overall. "Sawed-off firearm" does not include any firearm
with an overall length of at least twenty-six inches that is approved
for sale by the federal bureau of alcohol, tobacco, firearms, and
explosives under the "Gun Control Act of 1968," 82 Stat.
1213, 18 U.S.C. 921(a)(3), but that is found by the bureau not to be
regulated under the "National Firearms Act," 68A Stat. 725
(1934), 26 U.S.C. 5845(a).

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

(1)
Any firearm of crude and extemporized manufacture;

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

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

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

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

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

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

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

(2)
Any explosive device or incendiary device;

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

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

(5)
Any firearm muffler or suppressor;

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

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

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

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

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

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

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

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

(7)
Any firearm with an overall length of at least twenty-six inches that
is approved for sale by the federal bureau of alcohol, tobacco,
firearms, and explosives under the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the bureau
not to be regulated under the "National Firearms Act," 68A
Stat. 725 (1934), 26 U.S.C. 5845(a).

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

(N)(1)
"
Concealed
handgun
Basic
competency
license"
or "license to carry a concealed handgun" means, subject to
division (N)(2) of this section, a
basic
competency
license
or temporary emergency license to carry a concealed handgun issued
under section 2923.125 or 2923.1213 of the Revised Code or a license
to carry a concealed handgun issued by another state with which the
attorney general has entered into a reciprocity agreement under
section 109.69 of the Revised Code.

(2)
A reference in any provision of the Revised Code to a
concealed
handgun
basic
competency
license
issued under section 2923.125 of the Revised Code or a license to
carry a concealed handgun issued under section 2923.125 of the
Revised Code means only a license of the type that is specified in
that section. A reference in any provision of the Revised Code to a

concealed
handgun
basic
competency
license
issued under section 2923.1213 of the Revised Code, a license to
carry a concealed handgun issued under section 2923.1213 of the
Revised Code, or a license to carry a concealed handgun on a
temporary emergency basis means only a license of the type that is
specified in section 2923.1213 of the Revised Code. A reference in
any provision of the Revised Code to a
concealed
handgun
basic
competency
license
issued by another state or a license to carry a concealed handgun
issued by another state means only a license issued by another state
with which the attorney general has entered into a reciprocity
agreement under section 109.69 of the Revised Code.

(O)
"Valid
concealed
handgun
basic
competency
license"
or "valid license to carry a concealed handgun" means a

concealed
handgun
basic
competency
license
that is currently valid, that is not under a suspension under
division (A)(1) of section 2923.128 of the Revised Code, under
section 2923.1213 of the Revised Code, or under a suspension
provision of the state other than this state in which the license was
issued, and that has not been revoked under division (B)(1) of
section 2923.128 of the Revised Code, under section 2923.1213 of the
Revised Code, or under a revocation provision of the state other than
this state in which the license was issued.

(P)
"Misdemeanor punishable by imprisonment for a term exceeding one
year" does not include any of the following:

(1)
Any federal or state offense pertaining to antitrust violations,
unfair trade practices, restraints of trade, or other similar
offenses relating to the regulation of business practices;

(2)
Any misdemeanor offense punishable by a term of imprisonment of two
years or less.

(Q)
"Alien registration number" means the number issued by the
United States citizenship and immigration services agency that is
located on the alien's permanent resident card and may also be
commonly referred to as the "USCIS number" or the "alien
number."

(R)
"Active duty" has the same meaning as defined in 10 U.S.C.
101.

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

(1)
A deadly weapon other than a handgun;

(2)
A handgun other than a dangerous ordnance;

(3)
A dangerous ordnance.

(B)
No person who has been issued a
concealed
handgun
basic
competency
license
shall do any of the following:

(1)
If the person is stopped for a law enforcement purpose and is
carrying a concealed handgun,

before or at the time a law enforcement officer asks if the person is
carrying a concealed handgun, knowingly

fail to
disclose
that
promptly
inform any law enforcement officer who approaches the person after
the person has been stopped that the person has been issued a basic
competency license and that

the person then is carrying a concealed handgun
,
provided that it is not a violation of this division if the person
fails to disclose that fact to an officer during the stop and the
person already has notified another officer of that fact during the
same stop
;

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

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

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

(C)(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 to a law enforcement officer, who is authorized to
carry concealed weapons or dangerous ordnance or is authorized to
carry handguns and is acting within the scope of the officer's,
agent's, or employee's duties;

(b)
Any person who is employed in this state, who is authorized to carry
concealed weapons or dangerous ordnance or is authorized to carry
handguns, 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 (C)(1)(b) of this section does not
apply to the person;

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

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

(2)
Division (A)(2) of this section does not apply to any person

who has been issued a concealed handgun license that is valid at the
time of the alleged carrying or possession of a handgun or

who, at the time of the alleged carrying or possession of a handgun,

either is carrying a valid basic competency license or

is an active duty member of the armed forces of the United States and
is carrying a valid military identification card and documentation of
successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code, unless the person knowingly is in a
place described in division (B) of section 2923.126 of the Revised
Code.

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

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

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

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

(E)(1)
(E)

No person who is charged with a violation of this section shall be
required to obtain a
concealed
handgun
basic
competency
license
as a condition for the dismissal of the charge.

(2)
If a person is convicted of, was convicted of, pleads guilty to, or
has pleaded guilty to a violation of division (B)(1) of this section
as it existed prior to June 13, 2022, the person may file an
application under section 2953.35 of the Revised Code requesting the
expungement of the record of conviction.

(F)(1)
Whoever violates this section is guilty of carrying concealed
weapons. Except as otherwise provided in this division or divisions
(F)(2), (6), and (7) of this section, carrying concealed weapons in
violation of division (A) of this section is a misdemeanor of the
first degree. Except as otherwise provided in this division or
divisions (F)(2), (6), and (7) of this section, if the offender
previously has been convicted of a violation of this section or of
any offense of violence, if the weapon involved is a firearm that is
either loaded or for which the offender has ammunition ready at hand,
or if the weapon involved is dangerous ordnance, carrying concealed
weapons in violation of division (A) of this section is a felony of
the fourth degree. Except as otherwise provided in divisions (F)(2)
and (6) of this section, if the offense is committed aboard an
aircraft, or with purpose to carry a concealed weapon aboard an
aircraft, regardless of the weapon involved, carrying concealed
weapons in violation of division (A) of this section is a felony of
the third degree.

(2)

A

Except
as provided in division (F)(6) of this section, if a
person

shall not be

being

arrested for a violation of division (A)(2) of this section

solely because the person does not

promptly
produce
produces

a valid
concealed
handgun
basic
competency
license
.
If a person is arrested for a violation of division (A)(2) of this
section and is convicted of or pleads guilty to the violation
,

and if at the time of the violation the person was not knowingly in a
place described in division (B) of section 2923.126 of the Revised
Code, the officer shall not arrest the person for a violation of that
division. If the person is not able to promptly produce any basic
competency license and if the person is not in a place described in
that section, the officer may arrest the person for a violation of
that division, and

the offender shall be punished as follows:

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

(i)
Within ten days after the arrest, the offender presents a
concealed
handgun
basic
competency
license,
which license was valid at the time of the arrest, to the law
enforcement agency that employs the arresting officer.

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

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

(i)
The offender previously had been issued a
concealed
handgun
basic
competency
license,
and that license expired within the two years immediately preceding
the arrest.

(ii)
Within forty-five days after the arrest, the offender presents a

concealed
handgun
basic
competency
license
to the law enforcement agency that employed the arresting officer,
and the offender waives in writing the offender's right to a speedy
trial on the charge of the violation that is provided in section
2945.71 of the Revised Code.

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

(c)
If divisions (F)(2)(a) and (b) and (F)(6) of this section do not
apply, the offender shall be punished under division (F)(1) or (7) of
this section.

(3)

Carrying

Except
as otherwise provided in this division, carrying
concealed
weapons in violation of division (B)(1) of this section is a
misdemeanor of the
second

first

degree
,
and, in addition to any other penalty or sanction imposed for a
violation of division (B)(1) of this section, the offender's basic
competency license shall be suspended pursuant to division (A)(2) of
section 2923.128 of the Revised Code. If, at the time of the stop of
the offender for a law enforcement purpose that was the basis of the
violation, any law enforcement officer involved with the stop had
actual knowledge that the offender has been issued a basic competency
license, carrying concealed weapons in violation of division (B)(1)
of this section is a minor misdemeanor, and the offender's basic
competency license shall not be suspended pursuant to division (A)(2)
of section 2923.128 of the Revised Code
.

(4)
Carrying concealed weapons in violation of division (B)(2) or (4) of
this section is a misdemeanor of the first degree or, if the offender
previously has been convicted of or pleaded guilty to a violation of
division (B)(2) or (4) of this section, a felony of the fifth degree.
In addition to any other penalty or sanction imposed for a
misdemeanor violation of division (B)(2) or (4) of this section, the
offender's
concealed
handgun
basic
competency
license
shall be suspended pursuant to division (A)(2) of section 2923.128 of
the Revised Code.

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

(6)
If a person being arrested for a violation of division (A)(2) of this
section is an active duty member of the armed forces of the United
States and is carrying a valid military identification card and
documentation of successful completion of firearms training that
meets or exceeds the training requirements described in division
(G)(1) of section 2923.125 of the Revised Code, and if at the time of
the violation the person was not knowingly in a place described in
division (B) of section 2923.126 of the Revised Code, the officer
shall not arrest the person for a violation of that division. If the
person is not able to promptly produce a valid military
identification card and documentation of successful completion of
firearms training that meets or exceeds the training requirements
described in division (G)(1) of section 2923.125 of the Revised Code
and if the person is not in a place described in division (B) of
section 2923.126 of the Revised Code, the officer shall issue a
citation and the offender shall be assessed a civil penalty of not
more than five hundred dollars. The citation shall be automatically
dismissed and the civil penalty shall not be assessed if both of the
following apply:

(a)
Within ten days after the issuance of the citation, the offender
presents a valid military identification card and documentation of
successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code, which were both valid at the time of
the issuance of the citation to the law enforcement agency that
employs the citing officer.

(b)
At the time of the citation, the offender was not knowingly in a
place described in division (B) of section 2923.126 of the Revised
Code.

(7)
If a person being arrested for a violation of division (A)(2) of this
section is knowingly in a place described in division (B)(5) of
section 2923.126 of the Revised Code and is not authorized to carry a
handgun or have a handgun concealed on the person's person or
concealed ready at hand under that division, the penalty shall be as
follows:

(a)
Except as otherwise provided in this division, if the person produces
a valid
concealed
handgun
basic
competency
license
within ten days after the arrest and has not previously been
convicted or pleaded guilty to a violation of division (A)(2) of this
section, the person is guilty of a minor misdemeanor;

(b)
Except as otherwise provided in this division, if the person has
previously been convicted of or pleaded guilty to a violation of
division (A)(2) of this section, the person is guilty of a
misdemeanor of the fourth degree;

(c)
Except as otherwise provided in this division, if the person has
previously been convicted of or pleaded guilty to two violations of
division (A)(2) of this section, the person is guilty of a
misdemeanor of the third degree;

(d)
Except as otherwise provided in this division, if the person has
previously been convicted of or pleaded guilty to three or more
violations of division (A)(2) of this section, or convicted of or
pleaded guilty to any offense of violence, if the weapon involved is
a firearm that is either loaded or for which the offender has
ammunition ready at hand, or if the weapon involved is a dangerous
ordnance, the person is guilty of a misdemeanor of the second degree.

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

(H)
For purposes of this section, "deadly weapon" or "weapon"
does not include any knife, razor, or cutting instrument if the
instrument was not used as a weapon.

Sec.
2923.121.
(A)
No person shall possess a firearm in any room in which any person is
consuming beer or intoxicating liquor in a premises for which a D
permit has been issued under Chapter 4303. of the Revised Code or in
an open air arena for which a permit of that nature has been issued.

(B)(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 firearms and is acting within the scope of the officer's,
agent's, or employee's duties;

(b)
A law enforcement officer or investigator who is authorized to carry
firearms but is not acting within the scope of the officer's or
investigator's duties, as long as all of the following apply:

(i)
The officer or investigator is carrying validating identification.

(ii)
If the firearm the officer or investigator possesses is a firearm
issued or approved by the law enforcement agency served by the
officer or by the bureau of criminal identification and investigation
with respect to an investigator, the agency or bureau does not have a
restrictive firearms carrying policy.

(iii)
The officer or investigator is not consuming beer or intoxicating
liquor and is not under the influence of alcohol or a drug of abuse.

(c)
Any room used for the accommodation of guests of a hotel, as defined
in section 4301.01 of the Revised Code;

(d)
The principal holder of a D permit issued for a premises or an open
air arena under Chapter 4303. of the Revised Code while in the
premises or open air arena for which the permit was issued if the
principal holder of the D permit also

has been issued

possesses

a

valid

concealed
handgun
basic
competency
license

that is valid at the time in question

and as long as the principal holder is not consuming beer or
intoxicating liquor or under the influence of alcohol or a drug of
abuse, or any agent or employee of that holder who also is a peace
officer, as defined in section 2151.3515 of the Revised Code, who is
off duty, and who otherwise is authorized to carry firearms while in
the course of the officer's official duties and while in the premises
or open air arena for which the permit was issued and as long as the
agent or employee of that holder is not consuming beer or
intoxicating liquor or under the influence of alcohol or a drug of
abuse.

(e)
Any person who
has
been issued a concealed handgun license that is valid at the time in
question
is
carrying a valid basic competency license
or
any person who is an active duty member of the armed forces of the
United States and is carrying a valid military identification card
and documentation of successful completion of firearms training that
meets or exceeds the training requirements described in division
(G)(1) of section 2923.125 of the Revised Code, as long as the person
is not consuming beer or intoxicating liquor or under the influence
of alcohol or a drug of abuse.

(2)
This section does not prohibit any person who is a member of a
veteran's organization, as defined in section 2915.01 of the Revised
Code, from possessing a rifle in any room in any premises owned,
leased, or otherwise under the control of the veteran's organization,
if the rifle is not loaded with live ammunition and if the person
otherwise is not prohibited by law from having the rifle.

(3)
This section does not apply to any person possessing or displaying
firearms in any room used to exhibit unloaded firearms for sale or
trade in a soldiers' memorial established pursuant to Chapter 345. of
the Revised Code, in a convention center, or in any other public
meeting place, if the person is an exhibitor, trader, purchaser, or
seller of firearms and is not otherwise prohibited by law from
possessing, trading, purchasing, or selling the firearms.

(C)
It is an affirmative defense to a charge under this section of
illegal possession of a firearm in a liquor permit premises that
involves the possession of a firearm other than a handgun, that the
actor was not otherwise prohibited by law from having the firearm,
and that any of the following apply:

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

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

(D)
No person who is charged with a violation of this section shall be
required to obtain a
concealed
handgun
basic
competency
license
as a condition for the dismissal of the charge.

(E)
Whoever violates this section is guilty of illegal possession of a
firearm in a liquor permit premises. Except as otherwise provided in
this division, illegal possession of a firearm in a liquor permit
premises is a felony of the fifth degree. If the offender commits the
violation of this section by knowingly carrying or having the firearm
concealed on the offender's person or concealed ready at hand,
illegal possession of a firearm in a liquor permit premises is a
felony of the third degree.

(F)
As used in this section:

(1)
"Beer" and "intoxicating liquor" have the same
meanings as in section 4301.01 of the Revised Code.

(2)
"Investigator" has the same meaning as in section 109.541
of the Revised Code.

(3)
"Restrictive firearms carrying policy" means a specific
policy of a law enforcement agency or the bureau of criminal
identification and investigation that prohibits all officers of the
agency or all investigators of the bureau, while not acting within
the scope of the officer's or investigator's duties, from doing
either of the following:

(a)
Carrying a firearm issued or approved by the agency or bureau in any
room, premises, or arena described in division (A) of this section;

(b)
Carrying a firearm issued or approved by the agency or bureau in
premises described in division (A) of section 2923.1214 of the
Revised Code.

(4)
"Law enforcement officer" has the same meaning as in
section 9.69 of the Revised Code.

(5)
"Validating identification" means one of the following:

(a)
Photographic identification issued by the law enforcement agency for
which an individual serves as a law enforcement officer that
identifies the individual as a law enforcement officer of the agency;

(b)
Photographic identification issued by the bureau of criminal
identification and investigation that identifies an individual as an
investigator of the bureau.

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 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;

(b)
A law enforcement officer who is authorized to carry deadly weapons
or dangerous ordnance;

(c)
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;

(d)
Any person not described in divisions (D)(1)(a) to (c) of this
section 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, provided both of the following apply:

(i)
Either the person has successfully completed the curriculum,
instruction, and training established under section 5502.703 of the
Revised Code, or the person has received a certificate of having
satisfactorily completed an approved basic peace officer training
program or is a law enforcement officer;

(ii)
The board or governing body has notified the public, by whatever
means the affected school regularly communicates with the public,
that the board or governing body has authorized one or more persons
to go armed within a school operated by the board or governing
authority.

A
district board or school governing body that authorizes a person
under division (D)(1)(d) of this section shall require that person to
submit to an annual criminal records check conducted in the same
manner as section 3319.39 or 3319.391 of the Revised Code.

(e)
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)(e) 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, school safety training, 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
has
been issued
is
carrying
a

valid

concealed
handgun
basic
competency
license

that is valid at the time of the conveyance, attempted conveyance, or
possession

or the person is an active duty member of the armed forces of the
United States and is carrying a valid military identification card
and documentation of successful completion of firearms training that
meets or exceeds the training requirements described in division
(G)(1) of section 2923.125 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 (8) 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
has
been issued
is
carrying

a

valid

concealed
handgun
basic
competency
license

that is valid at the time of the conveyance, attempted conveyance, or
possession

or the person is an active duty member of the armed forces of the
United States and is carrying a valid military identification card
and documentation of successful completion of firearms training that
meets or exceeds the training requirements described in division
(G)(1) of section 2923.125 of the Revised Code.

(b)
The person leaves the handgun in a motor vehicle.

(c)
The handgun does not leave the motor vehicle.

(d)
If the person exits the motor vehicle, the person locks the motor
vehicle.

(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 director of education and workforce 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, but the court, in
its discretion, instead may require the offender to perform community
service for a number of hours determined by the court.

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

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

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

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

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

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

(b)
Except as provided in division (E) of this section, a person who is
employed in this state, who is authorized to carry a deadly weapon or
dangerous ordnance, who possesses or has under that individual's
control a deadly weapon or dangerous ordnance as a requirement of
that person's duties, 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 (C)(2)(b) of this section does not
apply to the person.

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

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

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

(6)
Except as provided in division (E) of this section, a person who
conveys or attempts to convey a handgun into a courthouse or into
another building or structure in which a courtroom is located,

if the person has been issued a concealed handgun license that is
valid at the time of the conveyance or attempt or

who
,
at the time of the conveyance or attempt,
the
person
either
is carrying a valid basic competency license or
is
an active duty member of the armed forces of the United States and is
carrying a valid military identification card and documentation of
successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code, and

if in either case the person

who

transfers possession of the handgun to the officer or officer's
designee who has charge of the courthouse or building. The officer
shall secure the handgun until the licensee is prepared to leave the
premises. The exemption described in this division applies only if
the officer who has charge of the courthouse or building provides
services of the nature described in this division. An officer who has
charge of the courthouse or building is not required to offer
services of the nature described in this division.

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

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

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

(F)
As used in this section:

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

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

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

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

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

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

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

(E)
"License fee" or "license renewal fee" means the
fee for a
concealed
handgun
basic
competency
license
or the fee to renew that license that is to be paid by an applicant
for a license of that type.

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

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

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

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

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

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

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

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

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

Sec.
2923.125.
It
is the intent of the general assembly that Ohio
concealed
handgun
basic
competency
license
law be compliant with the national instant criminal background check
system, that the bureau of alcohol, tobacco, firearms, and explosives
is able to determine that Ohio law is compliant with the national
instant criminal background check system, and that no person shall be
eligible to receive a
concealed
handgun
basic
competency
license
permit under section 2923.125 or 2923.1213 of the Revised Code unless
the person is eligible lawfully to receive or possess a firearm in
the United States.

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

(B)
An applicant for a
concealed
handgun
basic
competency
license
who is a resident of this state shall submit a completed application
form and all of the material and information described in divisions
(B)(1) to (6) of this section to the sheriff of the county in which
the applicant resides or to the sheriff of any county adjacent to the
county in which the applicant resides. An applicant for a license who
resides in another state shall submit a completed application form
and all of the material and information described in divisions (B)(1)
to (7) of this section to the sheriff of the county in which the
applicant is employed or to the sheriff of any county adjacent to the
county in which the applicant is employed:

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

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

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

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

(c)
A sheriff shall waive the payment of the license fee described in
division (B)(1)(a) of this section in connection with an initial or
renewal application for a license that is submitted by an applicant
who is an active or reserve member of the armed forces of the United
States or has retired from or was honorably discharged from military
service in the active or reserve armed forces of the United States, a
retired peace officer, a retired person described in division
(B)(1)(b) of section 109.77 of the Revised Code, or a retired federal
law enforcement officer who, prior to retirement, was authorized
under federal law to carry a firearm in the course of duty, unless
the retired peace officer, person, or federal law enforcement officer
retired as the result of a mental disability.

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

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

(3)
One or more of the following competency certifications, each of which
shall reflect that, regarding a certification described in division
(B)(3)(a), (b), (c), (e), or (f) of this section, within the three
years immediately preceding the application the applicant has
performed that to which the competency certification relates and
that, regarding a certification described in division (B)(3)(d) of
this section, the applicant currently is an active or reserve member
of the armed forces of the United States, the applicant has retired
from or was honorably discharged from military service in the active
or reserve armed forces of the United States, or within the ten years
immediately preceding the application the retirement of the peace
officer, person described in division (B)(1)(b) of section 109.77 of
the Revised Code, or federal law enforcement officer to which the
competency certification relates occurred:

(a)
An original or photocopy of a certificate of completion of a firearms
safety, training, or requalification or firearms safety instructor
course, class, or program that was offered by or under the auspices
of a national gun advocacy organization and that complies with the
requirements set forth in division (G) of this section;

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

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

(ii)
It utilized qualified instructors who were certified by a national
gun advocacy organization, the executive director of the Ohio peace
officer training commission pursuant to section 109.75 or 109.78 of
the Revised Code, or a governmental official or entity of another
state.

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

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

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

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

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

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

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

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

(g)
A document that evidences that the applicant has successfully
completed the Ohio peace officer training program described in
section 109.79 of the Revised Code.

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

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

(6)
If the applicant is not a citizen or national of the United States,
the name of the applicant's country of citizenship and the
applicant's alien registration number issued by the United States
citizenship and immigration services agency.

(7)
If the applicant resides in another state, adequate proof of
employment in Ohio.

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

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

(a)
The applicant is legally living in the United States. For purposes of
division (D)(1)(a) of this section, if a person is absent from the
United States in compliance with military or naval orders as an
active or reserve member of the armed forces of the United States and
if prior to leaving the United States the person was legally living
in the United States, the person, solely by reason of that absence,
shall not be considered to have lost the person's status as living in
the United States.

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

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

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

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

(C)(6)

of
that section; and has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing any other offense that
is not previously described in this division that is a misdemeanor
punishable by imprisonment for a term exceeding one year.

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

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

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

(i)
The applicant has not been committed to any mental institution, is
not under adjudication of mental incompetence, has not been found by
a court to be a person with a mental illness subject to court order,
and is not an involuntary patient other than one who is a patient
only for purposes of observation. As used in this division, "person
with a mental illness subject to court order" and "patient"
have the same meanings as in section 5122.01 of the Revised Code.

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

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

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

(m)
The applicant currently is not subject to a suspension imposed under
division (A)(2) of section 2923.128 of the Revised Code of a

concealed
handgun
basic
competency
license
that previously was issued to the applicant under this section or
section 2923.1213 of the Revised Code or a similar suspension imposed
by another state regarding a
concealed
handgun
basic
competency
license
issued by that state.

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

(o)
The applicant certifies that the applicant is not an unlawful user of
or addicted to any controlled substance as defined in 21 U.S.C. 802.

(p)
If the applicant is not a United States citizen, the applicant is an
alien and has not been admitted to the United States under a
nonimmigrant visa, as defined in the "Immigration and
Nationality Act," 8 U.S.C. 1101(a)(26).

(q)
The applicant has not been discharged from the armed forces of the
United States under dishonorable conditions.

(r)
The applicant certifies that the applicant has not renounced the
applicant's United States citizenship, if applicable.

(s)
The applicant has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of section
2919.25 of the Revised Code or a similar violation in another state.

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

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

(b)
If a sheriff denies an application under this section because the
applicant does not satisfy the criteria described in division (D)(1)
of this section, the sheriff shall specify the grounds for the denial
in a written notice to the applicant. The applicant may appeal the
denial pursuant to section 119.12 of the Revised Code in the county
served by the sheriff who denied the application. If the denial was
as a result of the criminal records check conducted pursuant to
section 311.41 of the Revised Code and if, pursuant to section
2923.127 of the Revised Code, the applicant challenges the criminal
records check results using the appropriate challenge and review
procedure specified in that section, the time for filing the appeal
pursuant to section 119.12 of the Revised Code and this division is
tolled during the pendency of the request or the challenge and
review.

(c)
If the court in an appeal under section 119.12 of the Revised Code
and division (D)(2)(b) of this section enters a judgment sustaining
the sheriff's refusal to grant to the applicant a
concealed
handgun
basic
competency
license,
the applicant may file a new application beginning one year after the
judgment is entered. If the court enters a judgment in favor of the
applicant, that judgment shall not restrict the authority of a
sheriff to suspend or revoke the license pursuant to section 2923.128
or 2923.1213 of the Revised Code or to refuse to renew the license
for any proper cause that may occur after the date the judgment is
entered. In the appeal, the court shall have full power to dispose of
all costs.

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

(4)
If an applicant has been convicted of or pleaded guilty to an offense
identified in division (D)(1)(e), (f), or (h) of this section or has
been adjudicated a delinquent child for committing an act or
violation identified in any of those divisions, and if a court has
ordered the sealing or expungement of the records of that conviction,
guilty plea, or adjudication pursuant to sections 2151.355 to
2151.358, sections 2953.31 to 2953.35, or section 2953.39 of the
Revised Code or the applicant has been relieved under operation of
law or legal process from the disability imposed pursuant to section
2923.13 of the Revised Code relative to that conviction, guilty plea,
or adjudication, the sheriff with whom the application was submitted
shall not consider the conviction, guilty plea, or adjudication in
making a determination under division (D)(1) or (F) of this section
or, in relation to an application for a
concealed
handgun
basic
competency
license
on a temporary emergency basis submitted under section 2923.1213 of
the Revised Code, in making a determination under division (B)(2) of
that section.

(5)
If an applicant has been convicted of or pleaded guilty to a minor
misdemeanor offense or has been adjudicated a delinquent child for
committing an act or violation that is a minor misdemeanor offense,
the sheriff with whom the application was submitted shall not
consider the conviction, guilty plea, or adjudication in making a
determination under division (D)(1) or (F) of this section or, in
relation to an application for a
concealed
handgun
basic
competency
license
on a temporary basis submitted under section 2923.1213 of the Revised
Code, in making a determination under division (B)(2) of that
section.

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

(F)(1)(a)
Except as provided in division (F)(1)(b) of this section, a licensee
who wishes to renew a
concealed
handgun
basic
competency
license
issued under this section may do so at any time before the expiration
date of the license or at any time after the expiration date of the
license by filing with the sheriff of the county in which the
applicant resides or with the sheriff of an adjacent county, or in
the case of an applicant who resides in another state with the
sheriff of the county that issued the applicant's previous
concealed
handgun
basic
competency
license
an application for renewal of the license obtained pursuant to
division (D) of this section, a certification by the applicant that,
subsequent to the issuance of the license, the applicant has reread
the pamphlet prepared by the Ohio peace officer training commission
pursuant to section 109.731 of the Revised Code that reviews
firearms, dispute resolution, and use of deadly force matters, and a
nonrefundable license renewal fee in an amount determined pursuant to
division (F)(4) of this section unless the fee is waived.

(b)
A person on active duty in the armed forces of the United States or
in service with the peace corps, volunteers in service to America, or
the foreign service of the United States is exempt from the license
requirements of this section for the period of the person's active
duty or service and for six months thereafter, provided the person
was a licensee under this section at the time the person commenced
the person's active duty or service or had obtained a license while
on active duty or service. The spouse or a dependent of any such
person on active duty or in service also is exempt from the license
requirements of this section for the period of the person's active
duty or service and for six months thereafter, provided the spouse or
dependent was a licensee under this section at the time the person
commenced the active duty or service or had obtained a license while
the person was on active duty or service, and provided further that
the person's active duty or service resulted in the spouse or
dependent relocating outside of this state during the period of the
active duty or service. This division does not prevent such a person
or the person's spouse or dependent from making an application for
the renewal of a
concealed
handgun
basic
competency
license
during the period of the person's active duty or service.

(2)
A sheriff shall accept a completed renewal application, the license
renewal fee, and the information specified in division (F)(1) of this
section at the times and in the manners described in division (I) of
this section. Upon receipt of a completed renewal application, of
certification that the applicant has reread the specified pamphlet
prepared by the Ohio peace officer training commission, and of a
license renewal fee unless the fee is waived, a sheriff, in the
manner specified in section 311.41 of the Revised Code shall conduct
or cause to be conducted the criminal records check and the
incompetency records check described in section 311.41 of the Revised
Code. The sheriff shall renew the license if the sheriff determines
that the applicant continues to satisfy the requirements described in
division (D)(1) of this section, except that the applicant is not
required to meet the requirements of division (D)(1)(l) of this
section. A renewed license shall expire five years after the date of
issuance. A renewed license is subject to division (E) of this
section and sections 2923.126 and 2923.128 of the Revised Code. A
sheriff shall comply with divisions (D)(2) and (3) of this section
when the circumstances described in those divisions apply to a
requested license renewal. If a sheriff denies the renewal of a

concealed
handgun
basic
competency
license,
the applicant may appeal the denial, or challenge the criminal record
check results that were the basis of the denial if applicable, in the
same manner as specified in division (D)(2)(b) of this section and in
section 2923.127 of the Revised Code, regarding the denial of a
license under this section.

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

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

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

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

(5)
The
concealed
handgun
basic
competency
license
of a licensee who is no longer a resident of this state or no longer
employed in this state, as applicable, is valid until the date of
expiration on the license, and the licensee is prohibited from
renewing the
concealed
handgun
basic
competency
license.

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

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

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

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

(d)
Gun handling training;

(e)
A minimum of two hours of in-person training that consists of range
time and live-fire training.

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

(a)
A written section, provided as described in division (G)(3) of this
section, on the ability to name and explain the rules for the safe
handling of a handgun and proper storage practices for handguns and
ammunition;

(b)
An in-person physical demonstration of competence in the use of a
handgun and in the rules for safe handling and storage of a handgun
and a physical demonstration of the attitude necessary to shoot a
handgun in a safe manner.

(3)(a)
Except as otherwise provided in this division, the training specified
in division (G)(1)(a) of this section shall be provided to the person
receiving the training in person by an instructor. If the training
specified in division (G)(1)(a) of this section is provided by a
course, class, or program described in division (B)(3)(a) of this
section, or it is provided by a course, class, or program described
in division (B)(3)(b), (c), or (e) of this section and the instructor
is a qualified instructor certified by a national gun advocacy
organization, the training so specified, other than the training that
requires the person receiving the training to demonstrate handling
abilities, may be provided online or as a combination of in-person
and online training, as long as the online training includes an
interactive component that regularly engages the person.

(b)
Except as otherwise provided in this division, the written section of
the competency examination specified in division (G)(2)(a) of this
section shall be administered to the person taking the competency
examination in person by an instructor. If the training specified in
division (G)(1)(a) of this section is provided to the person
receiving the training by a course, class, or program described in
division (B)(3)(a) of this section, or it is provided by a course,
class, or program described in division (B)(3)(b), (c), or (e) of
this section and the instructor is a qualified instructor certified
by a national gun advocacy organization, the written section of the
competency examination specified in division (G)(2)(a) of this
section may be administered online, as long as the online training
includes an interactive component that regularly engages the person.

(4)
The competency certification described in division (B)(3)(a), (b),
(c), or (e) of this section shall be dated and shall attest that the
course, class, or program the applicant successfully completed met
the requirements described in division (G)(1) of this section and
that the applicant passed the competency examination described in
division (G)(2) of this section.

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

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

(2)
A sheriff shall transmit a notice to the attorney general, in a
manner determined by the attorney general, every time a license is
issued that waived payment under division (B)(1)(c) of this section
for an applicant who is an active or reserve member of the armed
forces of the United States or has retired from or was honorably
discharged from military service in the active or reserve armed
forces of the United States. The attorney general shall monitor and
inform sheriffs issuing licenses under this section when the amount
of license fee payments waived and transmitted to the attorney
general reach one million five hundred thousand dollars each year.
Once a sheriff is informed that the payments waived reached one
million five hundred thousand dollars in any year, a sheriff shall no
longer waive payment of a license fee for an applicant who is an
active or reserve member of the armed forces of the United States or
has retired from or was honorably discharged from military service in
the active or reserve armed forces of the United States for the
remainder of that year.

Sec.
2923.126.
(A)
A
concealed
handgun
basic
competency
license
that is issued under section 2923.125 of the Revised Code shall
expire five 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
concealed
handgun
basic
competency
license
under section 2923.125 or 2923.1213 of the Revised Code may carry a
concealed handgun anywhere in this state if the
license
is
licensee
also carries a
valid

license

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 basic
competency license 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 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 5503.34 of the Revised Code and 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 basic competency license 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 basic competency license 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
concealed
handgun
basic
competency
license
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; any area of an airport passenger terminal
that is beyond a passenger or property screening checkpoint or to
which access is restricted through security measures by the airport
authority or a public agency; or an institution that is maintained,
operated, managed, and governed pursuant to division (A) of section
5119.14 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 if the licensee's carrying the concealed handgun is 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 or
unless the licensee is carrying the concealed handgun pursuant to a
written policy, rule, or other authorization that is adopted by the
institution's board of trustees or other governing body and that
authorizes specific individuals or classes of individuals to carry a
concealed handgun on the premises;

(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)
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, unless the governing body with
authority over the building has enacted a statute, ordinance, or
policy that permits a licensee to carry a concealed handgun into the
building;

(8)
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.

(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.

(c)
An institution of higher education 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 of the institution, including motor
vehicles owned by the institution, unless the institution acted with
malicious purpose. An institution of higher education 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
institution's decision to permit a licensee or class of licensees to
bring a handgun onto the premises of the institution.

(d)
A nonprofit corporation 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 of the nonprofit corporation, including any motor
vehicle owned by the nonprofit corporation, or to any event organized
by the nonprofit corporation, unless the nonprofit corporation acted
with malicious purpose. A nonprofit corporation 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 nonprofit
corporation's decision to permit a licensee to bring a handgun onto
the premises of the nonprofit corporation or to any event organized
by the nonprofit corporation. The immunities described in this
division apply to an entity that leases its property to the nonprofit
corporation or permits its property to be used by the nonprofit
corporation for any purpose.

(3)(a)
Except as provided in division (C)(3)(b) of this section and section
2923.1214 of the Revised Code, 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 under section 2911.21 of the Revised
Code or under any other criminal law of this state or criminal law,
ordinance, or resolution of a political subdivision of this state,
and instead is subject only to a civil cause of action for trespass
based on the violation.

If
a person knowingly violates a posted prohibition of the nature
described in this division and the posted land or premises is a child
care center, type A family child care home, or type B family child
care home, unless the person is a licensee who resides in a type A
family child care home or type B family child care home, the person
is guilty of aggravated trespass in violation of section 2911.211 of
the Revised Code. Except as otherwise provided in this division, the
offender is guilty of a misdemeanor of the first degree. If the
person previously has been convicted of a violation of this division
or of any offense of violence, if the weapon involved is a firearm
that is either loaded or for which the offender has ammunition ready
at hand, or if the weapon involved is dangerous ordnance, the
offender is guilty of a felony of the fourth degree.

(b)
A landlord may not prohibit or restrict a tenant who is a licensee
and who on or after September 9, 2008, 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 valid
concealed
handgun
basic
competency
license
issued by 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 or a person who holds a valid
concealed
handgun
basic
competency
license
under the circumstances described in division (B) of 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
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code and is subject to the same
restrictions that apply to a person who
has
been issued
carries

a
license

issued

under that section

that is valid at the time in question
.

(E)(1)
A peace officer has the same right to carry a concealed handgun in
this state as a person who was issued a
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code, provided that the officer
when carrying a concealed handgun under authority of this division is
carrying validating identification. For purposes of reciprocity with
other states, a peace officer shall be considered to be a licensee in
this state.

(2)
An active duty member of the armed forces of the United States who is
carrying a valid military identification card and documentation of
successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code has the same right to carry a concealed
handgun in this state as a person who was issued a
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code and is subject to the same
restrictions as specified in this section.

(3)
A tactical medical professional who is qualified to carry firearms
while on duty under section 109.771 of the Revised Code has the same
right to carry a concealed handgun in this state as a person who was
issued a
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code.

(4)
A fire investigator who is qualified to carry firearms while on duty
under section 109.774 of the Revised Code has the same right to carry
a concealed handgun in this state as a person who was issued a

concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code.

(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
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code and is subject to the same
restrictions that apply to a person who
has
been issued
carries

a
license issued under that section

that is valid at the time in question
.
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)
"Governing body" has the same meaning as in section 154.01
of the Revised Code.

(5)
"Tactical medical professional" has the same meaning as in
section 109.71 of the Revised Code.

(6)
"Validating identification" means photographic
identification issued by the agency for which an individual serves as
a peace officer that identifies the individual as a peace officer of
the agency.

(7)
"Nonprofit corporation" means any private organization that
is exempt from federal income taxation pursuant to subsection 501(a)
and described in subsection 501(c) of the Internal Revenue Code.

(8)
"Fire investigator" has the same meaning as in section
109.71 of the Revised Code.

Sec.
2923.127.
(A)
If a sheriff denies an application for a
concealed
handgun
basic
competency
license
under section 2923.125 of the Revised Code, denies the renewal of a

concealed
handgun
basic
competency
license
under that section, or denies an application for a
concealed
handgun
basic
competency
license
on a temporary emergency basis under section 2923.1213 of the Revised
Code as a result of the criminal records check conducted pursuant to
section 311.41 of the Revised Code and if the applicant believes the
denial was based on incorrect information reported by the source the
sheriff used in conducting the criminal records check, the applicant
may challenge the criminal records check results using whichever of
the following is applicable:

(1)
If the bureau of criminal identification and investigation performed
the criminal records check, by using the bureau's existing challenge
and review procedures;

(2)
If division (A)(1) of this section does not apply, by using the
existing challenge and review procedure of the sheriff who denied the
application or, if the sheriff does not have a challenge and review
procedure, by using the challenge and review procedure prescribed by
the bureau of criminal identification and investigation pursuant to
division (B) of this section.

(B)
The bureau of criminal identification and investigation shall
prescribe a challenge and review procedure for applicants to use to
challenge criminal records checks under division (A)(2) of this
section in counties in which the sheriff with whom an application of
a type described in division (A) of this section was filed or
submitted does not have an existing challenge and review procedure.

Sec.
2923.128.
(A)(1)(a)
If a licensee holding a valid
concealed
handgun
basic
competency
license
is arrested for or otherwise charged with an offense described in
division (D)(1)(d) of section 2923.125 of the Revised Code or with a
violation of section 2923.15 of the Revised Code or becomes subject
to a temporary protection order or to a protection order issued by a
court of another state that is substantially equivalent to a
temporary protection order, the sheriff who issued the license shall
suspend it and shall comply with division (A)(3) of this section upon
becoming aware of the arrest, charge, or protection order. Upon
suspending the license, the sheriff also shall comply with division
(H) of section 2923.125 of the Revised Code.

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

(2)(a)
If a licensee holding a valid
concealed
handgun
basic
competency
license
is convicted of or pleads guilty to a misdemeanor violation of
division
(B)(2)
(B)(1),
(2),

or (4) of section 2923.12 of the Revised Code or of division

(E)(3)
(E)(1),
(2), (3),

or (5) of section 2923.16 of the Revised Code,
except
as provided in division (A)(2)(c) of this section and
subject
to division (C) of this section, the sheriff who issued the license
shall suspend it and shall comply with division (A)(3) of this
section upon becoming aware of the conviction or guilty plea. Upon
suspending the license, the sheriff also shall comply with division
(H) of section 2923.125 of the Revised Code.

(b)
A suspension under division (A)(2)(a) of this section shall be
considered as beginning on the date that the licensee is convicted of
or pleads guilty to the offense described in that division,
irrespective of when the sheriff notifies the licensee under division
(A)(3) of this section. If the suspension is imposed for a
misdemeanor violation of division
(B)(2)
(B)(1)
or (2)

of section 2923.12 of the Revised Code or of division
(E)(3)
(E)(1),
(2), or (3)

of section 2923.16 of the Revised Code, it shall end on the date that
is one year after the date that the licensee is convicted of or
pleads guilty to that violation. If the suspension is imposed for a
misdemeanor violation of division (B)(4) of section 2923.12 of the
Revised Code or of division (E)(5) of section 2923.16 of the Revised
Code, it shall end on the date that is two years after the date that
the licensee is convicted of or pleads guilty to that violation. If
the licensee's license was issued under section 2923.125 of the
Revised Code and the license remains valid after the suspension ends
as described in this division, when the suspension ends, the sheriff
shall return the license to the licensee. If the licensee's license
was issued under section 2923.125 of the Revised Code and the license
expires before the suspension ends as described in this division, or
if the licensee's license was issued under section 2923.1213 of the
Revised Code, the licensee is not eligible to apply for a new license
under section 2923.125 or 2923.1213 of the Revised Code or to renew
the license under section 2923.125 of the Revised Code until after
the suspension ends as described in this division.

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

(3)
Upon becoming aware of an arrest, charge, or protection order
described in division (A)(1)(a) of this section with respect to a
licensee who was issued a
concealed
handgun
basic
competency
license,
or a conviction of or plea of guilty to a misdemeanor offense
described in division (A)(2)(a) of this section with respect to a
licensee who was issued a
concealed
handgun
basic
competency
license

and with respect to which division (A)(2)(c) of this section does not
apply
,
subject to division (C) of this section, the sheriff who issued the
licensee's license shall notify the licensee, by certified mail,
return receipt requested, at the licensee's last known residence
address that the license has been suspended and that the licensee is
required to surrender the license at the sheriff's office within ten
days of the date on which the notice was mailed. If the suspension is
pursuant to division (A)(2) of this section, the notice shall
identify the date on which the suspension ends.

(B)(1)
A sheriff who issues a
concealed
handgun
basic
competency
license
to a licensee shall revoke the license in accordance with division
(B)(2) of this section upon becoming aware that the licensee
satisfies any of the following:

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

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

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

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

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

(f)
On or after the date on which the license was issued, the licensee is
under adjudication of mental incompetence or is committed to a mental
institution.

(g)
At the time of the issuance of the license, the licensee did not meet
the residency requirements described in division (D)(1) of section
2923.125 of the Revised Code and currently does not meet the
residency requirements described in that division.

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

(2)
Upon becoming aware of any circumstance listed in division (B)(1) of
this section that applies to a particular licensee who was issued a

concealed
handgun
basic
competency
license,
subject to division (C) of this section, the sheriff who issued the
license to the licensee shall notify the licensee, by certified mail,
return receipt requested, at the licensee's last known residence
address that the license is subject to revocation and that the
licensee may come to the sheriff's office and contest the sheriff's
proposed revocation within fourteen days of the date on which the
notice was mailed. After the fourteen-day period and after
consideration of any information that the licensee provides during
that period, if the sheriff determines on the basis of the
information of which the sheriff is aware that the licensee is
described in division (B)(1) of this section and no longer satisfies
the requirements described in division (D)(1) of section 2923.125 of
the Revised Code that are applicable to the licensee's type of
license, the sheriff shall revoke the license, notify the licensee of
that fact, and require the licensee to surrender the license. Upon
revoking the license, the sheriff also shall comply with division (H)
of section 2923.125 of the Revised Code.

(C)
If a sheriff who issues a
concealed
handgun
basic
competency
license
to a licensee becomes aware that at the time of the issuance of the
license the licensee had been convicted of or pleaded guilty to an
offense identified in division (D)(1)(e), (f), or (h) of section
2923.125 of the Revised Code or had been adjudicated a delinquent
child for committing an act or violation identified in any of those
divisions or becomes aware that on or after the date on which the
license was issued the licensee has been convicted of or pleaded
guilty to an offense identified in division (A)(2)(a) or (B)(1)(c) of
this section, the sheriff shall not consider that conviction, guilty
plea, or adjudication as having occurred for purposes of divisions
(A)(2), (A)(3), (B)(1), and (B)(2) of this section if a court has
ordered the sealing or expungement of the records of that conviction,
guilty plea, or adjudication pursuant to sections 2151.355 to
2151.358, sections 2953.31 to 2953.35, or section 2953.39 of the
Revised Code or the licensee has been relieved under operation of law
or legal process from the disability imposed pursuant to section
2923.13 of the Revised Code relative to that conviction, guilty plea,
or adjudication.

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

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

(a)
The issuance, renewal, suspension, or revocation of a
concealed
handgun
basic
competency
license;

(b)
The failure to issue, renew, suspend, or revoke a
concealed
handgun
basic
competency
license;

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

(2)
Any action of a sheriff relating to the issuance, renewal,
suspension, or revocation of a
concealed
handgun
basic
competency
license
shall be considered to be a governmental function for purposes of
Chapter 2744. of the Revised Code.

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

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

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

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

(4)
An entity that or instructor who, prior to March 27, 2013, provides a
renewed competency certification of a type described in division
(G)(4) of section 2923.125 of the Revised Code as it existed prior to
March 27, 2013, is immune from civil liability that might otherwise
be incurred or imposed for any death or any injury or loss to person
or property that is caused by or related to a person to whom the
entity or instructor has issued the renewed competency certificate if
all of the following apply:

(a)
The entity or instructor makes a good faith effort in assessing the
person in the physical demonstrations or the competency examination
conducted pursuant to division (G)(4) of section 2923.125 of the
Revised Code as it existed prior to March 27, 2013.

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

(B)
Notwithstanding section 149.43 of the Revised Code, the records that
a sheriff keeps relative to the issuance, renewal, suspension, or
revocation of a
concealed
handgun
basic
competency
license,
including, but not limited to, completed applications for the
issuance or renewal of a license, completed affidavits submitted
regarding an application for a license on a temporary emergency
basis, reports of criminal records checks and incompetency records
checks under section 311.41 of the Revised Code, and applicants'
social security numbers and fingerprints that are obtained under
division (A) of section 311.41 of the Revised Code, are confidential
and are not public records. No person shall release or otherwise
disseminate records that are confidential under this division unless
required to do so pursuant to a court order.

(C)
Each sheriff shall report to the Ohio peace officer training
commission the number of
concealed
handgun
basic
competency
licenses
that the sheriff issued, renewed, suspended, revoked, or denied under
section 2923.125 of the Revised Code during the previous quarter of
the calendar year, the number of applications for those licenses for
which processing was suspended in accordance with division (D)(3) of
section 2923.125 of the Revised Code during the previous quarter of
the calendar year, and the number of
concealed
handgun
basic
competency
licenses
on a temporary emergency basis that the sheriff issued, suspended,
revoked, or denied under section 2923.1213 of the Revised Code during
the previous quarter of the calendar year. The sheriff shall not
include in the report the name or any other identifying information
of an applicant or licensee. The sheriff shall report that
information in a manner that permits the commission to maintain the
statistics described in division (C) of section 109.731 of the
Revised Code and to timely prepare the statistical report described
in that division. The information that is received by the commission
under this division is a public record kept by the commission for the
purposes of section 149.43 of the Revised Code.

(D)
Law enforcement agencies may use the information a sheriff makes
available through the use of the law enforcement automated data
system pursuant to division (H) of section 2923.125 or division
(B)(2) or (D) of section 2923.1213 of the Revised Code for law
enforcement purposes only. The information is confidential and is not
a public record. Except as provided in section 5503.101 of the
Revised Code, a person who releases or otherwise disseminates this
information obtained through the law enforcement automated data
system in a manner not described in this division is guilty of a
violation of section 2913.04 of the Revised Code.

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

Sec.
2923.1210.
(A)
A business entity, property owner, or public or private employer may
not establish, maintain, or enforce a policy or rule that prohibits
or has the effect of prohibiting a person who has been issued a valid

concealed
handgun
basic
competency
license
from transporting or storing a firearm or ammunition when both of the
following conditions are met:

(1)
Each firearm and all of the ammunition remains inside the person's
privately owned motor vehicle while the person is physically present
inside the motor vehicle, or each firearm and all of the ammunition
is locked within the trunk, glove box, or other enclosed compartment
or container within or on the person's privately owned motor vehicle;

(2)
The vehicle is in a location where it is otherwise permitted to be.

(B)
A business entity, property owner, or public or private employer that
violates division (A) of this section may be found liable in a civil
action for injunctive relief brought by any individual injured by the
violation. The court may grant any injunctive relief it finds
appropriate.

(C)
No business entity, property owner, or public or private employer
shall be held liable in any civil action for damages, injuries, or
death resulting from or arising out of another person's actions
involving a firearm or ammunition transported or stored pursuant to
division (A) of this section including the theft of a firearm from an
employee's or invitee's automobile, unless the business entity,
property owner, or public or private employer intentionally solicited
or procured the other person's injurious actions.

Sec.
2923.1211.
(A)
No person shall alter a
concealed
handgun
basic
competency
license
or create a fictitious document that purports to be a license of that
nature.

(B)
No person, except in the performance of official duties, shall
possess a
concealed
handgun
basic
competency
license
that was issued and that has been revoked or suspended.

(C)
Whoever violates division (A) of this section is guilty of
falsification of a
concealed
handgun
basic
competency
license,
a felony of the fifth degree. Whoever violates division (B) of this
section is guilty of possessing a revoked or suspended
concealed
handgun
basic
competency
license,
a misdemeanor of the third degree.

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

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

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

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

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

(B)(1)
A person seeking a
concealed
handgun
basic
competency
license
on a temporary emergency basis shall submit to the sheriff of the
county in which the person resides or, if the person usually resides
in another state, to the sheriff of the county in which the person is
temporarily staying, all of the following:

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

(b)
A sworn affidavit that contains all of the information required to be
on the license and attesting that the person is legally living in the
United States; is at least twenty-one years of age; is not a fugitive
from justice; is not under indictment for or otherwise charged with
an offense identified in division (D)(1)(d) of section 2923.125 of
the Revised Code; has not been convicted of or pleaded guilty to an
offense, and has not been adjudicated a delinquent child for
committing an act, identified in division (D)(1)(e) of that section
and to which division (B)(3) of this section does not apply; within
three years of the date of the submission, has not been convicted of
or pleaded guilty to an offense, and has not been adjudicated a
delinquent child for committing an act, identified in division
(D)(1)(f) of that section and to which division (B)(3) of this
section does not apply; within five years of the date of the
submission, has not been convicted of, pleaded guilty, or adjudicated
a delinquent child for committing two or more violations identified
in division (D)(1)(g) of that section; within ten years of the date
of the submission, has not been convicted of, pleaded guilty, or
adjudicated a delinquent child for committing a violation identified
in division (D)(1)(h) of that section and to which division (B)(3) of
this section does not apply; has not been committed to any mental
institution, is not under adjudication of mental incompetence, has
not been found by a court to be a person with a mental illness
subject to court order, and is not an involuntary patient other than
one who is a patient only for purposes of observation, as described
in division (D)(1)(i) of that section; is not currently subject to a
civil protection order, a temporary protection order, or a protection
order issued by a court of another state, as described in division
(D)(1)(j) of that section; is not currently subject to a suspension
imposed under division (A)(2) of section 2923.128 of the Revised Code
of a
concealed
handgun
basic
competency
license
that previously was issued to the person or a similar suspension
imposed by another state regarding a
concealed
handgun
basic
competency
license
issued by that state; is not an unlawful user of or addicted to any
controlled substance as defined in 21 U.S.C. 802; if applicable, is
an alien and has not been admitted to the United States under a
nonimmigrant visa, as defined in the "Immigration and
Nationality Act," 8 U.S.C. 1101(a)(26); has not been discharged
from the armed forces of the United States under dishonorable
conditions; if applicable, has not renounced the applicant's United
States citizenship; and has not been convicted of, pleaded guilty to,
or been adjudicated a delinquent child for committing a violation
identified in division (D)(1)(s) of section 2923.125 of the Revised
Code;

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

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

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

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

(2)
A sheriff shall accept the evidence of imminent danger, the sworn
affidavit, the fee, and the set of fingerprints required under
division (B)(1) of this section at the times and in the manners
described in division (I) of this section. Upon receipt of the
evidence of imminent danger, the sworn affidavit, the fee, and the
set of fingerprints required under division (B)(1) of this section,
the sheriff, in the manner specified in section 311.41 of the Revised
Code, immediately shall conduct or cause to be conducted the criminal
records check and the incompetency records check described in section
311.41 of the Revised Code. Immediately upon receipt of the results
of the records checks, the sheriff shall review the information and
shall determine whether the criteria set forth in divisions (D)(1)(a)
to (j) and (m) to (s) of section 2923.125 of the Revised Code apply
regarding the person. If the sheriff determines that all of the
criteria set forth in divisions (D)(1)(a) to (j) and (m) to (s) of
section 2923.125 of the Revised Code apply regarding the person, the
sheriff shall immediately make available through the law enforcement
automated data system all information that will be contained on the
temporary emergency license for the person if one is issued, and the
superintendent of the state highway patrol shall ensure that the
system is so configured as to permit the transmission through the
system of that information. Upon making that information available
through the law enforcement automated data system, the sheriff shall
immediately issue to the person a
concealed
handgun
basic
competency
license
on a temporary emergency basis.

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

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

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

(3)
If a person seeking a
concealed
handgun
basic
competency
license
on a temporary emergency basis has been convicted of or pleaded
guilty to an offense identified in division (D)(1)(e), (f), or (h) of
section 2923.125 of the Revised Code or has been adjudicated a
delinquent child for committing an act or violation identified in any
of those divisions, and if a court has ordered the sealing or
expungement of the records of that conviction, guilty plea, or
adjudication pursuant to sections 2151.355 to 2151.358, sections
2953.31 to 2953.35, or section 2953.39 of the Revised Code or the
applicant has been relieved under operation of law or legal process
from the disability imposed pursuant to section 2923.13 of the
Revised Code relative to that conviction, guilty plea, or
adjudication, the conviction, guilty plea, or adjudication shall not
be relevant for purposes of the sworn affidavit described in division
(B)(1)(b) of this section, and the person may complete, and swear to
the truth of, the affidavit as if the conviction, guilty plea, or
adjudication never had occurred.

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

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

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

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

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

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

(G)
The attorney general shall prescribe, and shall make available to
sheriffs, a standard form to be used under division (B) of this
section by a person who applies for a
concealed
handgun
basic
competency
license
on a temporary emergency basis on the basis of imminent danger of a
type described in division (A)(1)(a) of this section. The attorney
general shall design the form to enable applicants to provide the
information that is required by law to be collected, and shall update
the form as necessary. Burdens or restrictions to obtaining a

concealed
handgun
basic
competency
license
that are not expressly prescribed in law shall not be incorporated
into the form. The attorney general shall post a printable version of
the form on the web site of the attorney general and shall provide
the address of the web site to any person who requests the form.

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

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

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

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

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

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

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

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

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

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

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

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

(E)
No person who has been issued a
concealed
handgun
basic
competency
license
or who is an active duty member of the armed forces of the United
States and is carrying a valid military identification card and
documentation of successful completion of firearms training that
meets or exceeds the training requirements described in division
(G)(1) of section 2923.125 of the Revised Code, who is the driver or
an occupant of a motor vehicle that is stopped as a result of a
traffic stop or a stop for another law enforcement purpose or 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 5503.34 of the Revised Code, and who is
transporting or has a loaded handgun in the motor vehicle or
commercial motor vehicle in any manner, shall do any of the
following:

(1)

Before or at the time a law enforcement officer asks if the person is
carrying a concealed handgun, knowingly fail to disclose

Fail to promptly inform any law enforcement officer who approaches
the vehicle while stopped that the person has been issued a basic
competency license or is authorized to carry a concealed handgun as
an active duty member of the armed forces of the United States and

that
the person then possesses or has a loaded handgun in the motor
vehicle
,
provided that it is not a violation of this division if the person
fails to disclose that fact to an officer during the stop and the
person already has notified another officer of that fact during the
same stop
;

(2)

Before
or at the time an employee of the motor carrier enforcement unit asks
if the person is carrying a concealed handgun, knowingly fail to
disclose
Fail
to promptly inform the employee of the unit who approaches the
vehicle while stopped that the person has been issued a basic
competency license or is authorized to carry a concealed handgun as
an active duty member of the armed forces of the United States and

that the person then possesses or has a loaded handgun in the
commercial motor vehicle
,
provided that it is not a violation of this division if the person
fails to disclose that fact to an employee of the unit during the
stop and the person already has notified another employee of the unit
of that fact during the same stop
;

(3)
Knowingly fail to remain in the motor vehicle while stopped or
knowingly fail to keep the person's hands in plain sight at any time
after any law enforcement officer begins approaching the person while
stopped and before the law enforcement officer leaves, unless the
failure is pursuant to and in accordance with directions given by a
law enforcement officer;

(4)
Knowingly have contact with the loaded handgun by touching it with
the person's hands or fingers in the motor vehicle at any time after
the law enforcement officer begins approaching and before the law
enforcement officer leaves, unless the person has contact with the
loaded handgun pursuant to and in accordance with directions given by
the law enforcement officer;

(5)
Knowingly disregard or fail to comply with any lawful order of any
law enforcement officer given while the motor vehicle is stopped,
including, but not limited to, a specific order to the person to keep
the person's hands in plain sight.

(F)(1)
Divisions (A), (B), (C), and (E) of this section do 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, when authorized to carry
or have loaded or accessible firearms in motor vehicles and acting
within the scope of the officer's, agent's, or employee's duties;

(b)
Any person who is employed in this state, who is authorized to carry
or have loaded or accessible firearms in motor vehicles, 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
(F)(1)(b) of this section does not apply to the person.

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

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

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

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

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

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

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

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

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

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

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

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

(c)
The person discharges a firearm from a stationary all-purpose vehicle
as defined in section 1531.01 of the Revised Code from private or
publicly owned lands or from a motor vehicle that is parked on a road
that is owned or administered by the division of wildlife.

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

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

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

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

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

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

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

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

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

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

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

(a)
The person transporting or possessing the handgun

has been issued a

is
either carrying a valid
concealed
handgun
basic
competency
license

that is valid at the time in question

or

the person

is an active duty member of the armed forces of the United States and
is carrying a valid military identification card and documentation of
successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code.

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

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

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

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

(c)
The person is on or in an all-purpose vehicle as defined in section
1531.01 of the Revised Code on private or publicly owned lands or on
or in a motor vehicle that is parked on a road that is owned or
administered by the division of wildlife.

(7)
Nothing in this section prohibits or restricts a person from
possessing, storing, or leaving a firearm in a locked motor vehicle
that is parked in the state underground parking garage at the state
capitol building or in the parking garage at the Riffe center for
government and the arts in Columbus, if the person's transportation
and possession of the firearm in the motor vehicle while traveling to
the premises or facility was not in violation of division (A), (B),
(C), (D), or (E) of this section or any other provision of the
Revised Code.

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

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

(H)(1)
No person who is charged with a violation of division (B), (C), or
(D) of this section shall be required to obtain a
concealed
handgun
basic
competency
license
as a condition for the dismissal of the charge.

(2)(a)
If a person is convicted of, was convicted of, pleads guilty to, or
has pleaded guilty to a violation of division (E) of this section as
it existed prior to September 30, 2011, and

if

the conduct that was the basis of the violation no longer would be a
violation of division (E) of this section on or after September 30,
2011,

or if a person is convicted of, was convicted of, pleads guilty to,
or has pleaded guilty to a violation of division (E)(1) or (2) of
this section as it existed prior to June 13, 2022,

the person may file an application under section 2953.35 of the
Revised Code requesting the expungement of the record of conviction.

If
a person is convicted of, was convicted of, pleads guilty to, or has
pleaded guilty to a violation of division (B) or (C) of this section
as the division existed prior to September 30, 2011, and if the
conduct that was the basis of the violation no longer would be a
violation of division (B) or (C) of this section on or after
September 30, 2011, due to the application of division (F)(5) of this
section as it exists on and after September 30, 2011, the person may
file an application under section 2953.35 of the Revised Code
requesting the expungement of the record of conviction.

(b)
The attorney general shall develop a public media advisory that
summarizes the expungement procedure established under section
2953.35 of the Revised Code and the offenders identified in division
(H)(2)(a) of this section

and those identified in division (E)(2) of section 2923.12 of the
Revised Code

who are authorized to apply for the expungement. Within thirty days
after September 30, 2011,

with respect to violations of division (B), (C), or (E) of this
section as they existed prior to that date, and within thirty days
after June 13, 2022, with respect to a violation of division (E)(1)
or (2) of this section or division (B)(1) of section 2923.12 of the
Revised Code as they existed prior to June 13, 2022,

the attorney general shall provide a copy of the advisory to each
daily newspaper published in this state and each television station
that broadcasts in this state. The attorney general may provide the
advisory in a tangible form, an electronic form, or in both tangible
and electronic forms.

(I)
Whoever violates this section is guilty of improperly handling
firearms in a motor vehicle.
A
violation
Violation

of division (A) of this section is a felony of the fourth degree.
A
violation
Violation

of division (C) of this section is a misdemeanor of the fourth
degree. A violation of division (D) of this section is a felony of
the fifth degree or, if the loaded handgun is concealed on the
person's person, a felony of the fourth degree.
A

Except
as otherwise provided in this division, a
violation
of division (E)(1) or (2) of this section is a misdemeanor of the

second
first

degree
,
and, in addition to any other penalty or sanction imposed for the
violation, the offender's basic competency license shall be suspended
pursuant to division (A)(2) of section 2923.128 of the Revised Code.
If at the time of the stop of the offender for a traffic stop, for
another law enforcement purpose, or for a purpose defined in section
5503.34 of the Revised Code that was the basis of the violation any
law enforcement officer involved with the stop or the employee of the
motor carrier enforcement unit who made the stop had actual knowledge
of the offender's status as a licensee, a violation of division
(E)(1) or (2) of this section is a minor misdemeanor, and the
offender's basic competency license shall not be suspended pursuant
to division (A)(2) of section 2923.128 of the Revised Code
.
A violation of division (E)(4) of this section is a felony of the
fifth degree. A violation of division (E)(3) or (5) of this section
is a misdemeanor of the first degree or, if the offender previously
has been convicted of or pleaded guilty to a violation of division
(E)(3) or (5) of this section, a felony of the fifth degree. In
addition to any other penalty or sanction imposed for a misdemeanor
violation of division (E)(3) or (5) of this section, the offender's

concealed
handgun
basic
competency
license
shall be suspended pursuant to division (A)(2) of section 2923.128 of
the Revised Code. A violation of division (B) of this section is a
felony of the fourth degree.

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

(K)
As used in this section:

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

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

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

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

(5)(a)
"Unloaded" means, with respect to a firearm other than a
firearm described in division (K)(6) of this section, that no
ammunition is in the firearm in question, no magazine or speed loader
containing ammunition is inserted into the firearm in question, and
one of the following applies:

(i)
There is no ammunition in a magazine or speed loader that is in the
vehicle in question and that may be used with the firearm in
question.

(ii)
Any magazine or speed loader that contains ammunition and that may be
used with the firearm in question is stored in a compartment within
the vehicle in question that cannot be accessed without leaving the
vehicle or is stored in a container that provides complete and
separate enclosure.

(b)
For the purposes of division (K)(5)(a)(ii) of this section, a
"container that provides complete and separate enclosure"
includes, but is not limited to, any of the following:

(i)
A package, box, or case with multiple compartments, as long as the
loaded magazine or speed loader and the firearm in question either
are in separate compartments within the package, box, or case, or, if
they are in the same compartment, the magazine or speed loader is
contained within a separate enclosure in that compartment that does
not contain the firearm and that closes using a snap, button, buckle,
zipper, hook and loop closing mechanism, or other fastener that must
be opened to access the contents or the firearm is contained within a
separate enclosure of that nature in that compartment that does not
contain the magazine or speed loader;

(ii)
A pocket or other enclosure on the person of the person in question
that closes using a snap, button, buckle, zipper, hook and loop
closing mechanism, or other fastener that must be opened to access
the contents.

(c)
For the purposes of divisions (K)(5)(a) and (b) of this section,
ammunition held in stripper-clips or in en-bloc clips is not
considered ammunition that is loaded into a magazine or speed loader.

(6)
"Unloaded" means, with respect to a firearm employing a
percussion cap, flintlock, or other obsolete ignition system, when
the weapon is uncapped or when the priming charge is removed from the
pan.

(7)
"Commercial motor vehicle" has the same meaning as in
division (A) of section 4506.25 of the Revised Code.

(8)
"Motor carrier enforcement unit" means the motor carrier
enforcement unit in the department of public safety, division of
state highway patrol, that is created by section 5503.34 of the
Revised Code.

(L)
Divisions (K)(5)(a) and (b) of this section do not affect the
authority of a person who

has been issued

is
carrying
a

valid

concealed
handgun
basic
competency
license

that is valid at the time in question

to have one or more magazines or speed loaders containing ammunition
anywhere in a vehicle, without being transported as described in
those divisions, as long as no ammunition is in a firearm, other than
a handgun, in the vehicle other than as permitted under any other
provision of this chapter. A person who

has been issued

is carrying
a

valid

concealed
handgun
basic
competency
license

that is valid at the time in question

may have one or more magazines or speed loaders containing ammunition
anywhere in a vehicle without further restriction, as long as no
ammunition is in a firearm, other than a handgun, in the vehicle
other than as permitted under any provision of this chapter.

Sec.
2953.35.
(A)
Any person who is convicted of, was convicted of, pleads guilty to,
or has pleaded guilty to a violation of division (B), (C), or (E) of
section 2923.16 of the Revised Code as the division existed prior to
September 30, 2011,

or a violation of division (E)(1) or (2) of section 2923.16 of the
Revised Code as the division existed prior to June 13, 2022,

and who is authorized by division (H)(2)(a) of that section to file
an application under this section for the expungement of the
conviction record may apply to the sentencing court for the
expungement of the record of conviction.

Any person who is convicted of, was convicted of, pleads guilty to,
or has pleaded guilty to a violation of division (B)(1) of section
2923.12 of the Revised Code as it existed prior to June 13, 2022, and
who is authorized by division (E)(2) of that section may apply to the
sentencing court for the expungement of the record of conviction.

The person may file the application at any time on or after September
30, 2011
,
with respect to violations of division (B), (C), or (E) of section
2923.16 of the Revised Code as they existed prior to that date, or at
any time on or after June 13, 2022, with respect to a violation of
division (B)(1) of section 2923.12 of the Revised Code or of division
(E)(1) or (2) of section 2923.16 of the Revised Code as the
particular division existed prior to June 13, 2022
.
The application shall do all of the following:

(1)
Identify the applicant, the offense for which the expungement is
sought, the date of the conviction of or plea of guilty to that
offense, and the court in which the conviction occurred or the plea
of guilty was entered;

(2)
Include evidence that the offense was a violation of division (B),
(C), or (E) of section 2923.16 of the Revised Code as the division
existed prior to September 30, 2011,
or
was a violation of division (B)(1) of section 2923.12 of the Revised
Code or of division (E)(1) or (2) of section 2923.16 of the Revised
Code as the particular division existed prior to June 13, 2022,
and
that the applicant is authorized by division (H)(2)(a) of

that

section

2923.16 or division (E)(2) of section 2923.12 of the Revised Code,
whichever is applicable,

to file an application under this section;

(3)
Include a request for expungement of the record of conviction of that
offense under this section.

(B)
Upon the filing of an application under division (A) of this section
and the payment of the fee described in division (C)(3) of this
section if applicable, the court shall set a date for a hearing and
shall notify the prosecutor for the case of the hearing on the
application. The prosecutor may object to the granting of the
application by filing an objection with the court prior to the date
set for the hearing. The prosecutor shall specify in the objection
the reasons for believing a denial of the application is justified.
The court shall direct its regular probation officer, a state
probation officer, or the department of probation of the county in
which the applicant resides to make inquiries and written reports as
the court requires concerning the applicant. The court shall hold the
hearing scheduled under this division.

(C)(1)
At the hearing held under division (B) of this section, the court
shall do each of the following:

(a)
Determine whether the applicant has been convicted of or pleaded
guilty to a violation of division (E) of section 2923.16 of the
Revised Code as the division existed prior to September 30, 2011, and
whether the conduct that was the basis of the violation no longer
would be a violation of that division on or after September 30, 2011;

(b)
Determine whether the applicant has been convicted of or pleaded
guilty to a violation of division (B) or (C) of section 2923.16 of
the Revised Code as the division existed prior to September 30, 2011,
and whether the conduct that was the basis of the violation no longer
would be a violation of that division on or after September 30, 2011,
due to the application of division (F)(5) of that section as it
exists on and after September 30, 2011;

(c)

Determine
whether the applicant has been convicted of or pleaded guilty to a
violation of division (B)(1) of section 2923.12 of the Revised Code
or of division (E)(1) or (2) of section 2923.16 of the Revised Code
as the particular division existed prior to June 13, 2022;

(d)

If
the prosecutor has filed an objection in accordance with division (B)
of this section, consider the reasons against granting the
application specified by the prosecutor in the objection;

(e)

(d)

Weigh
the interests of the applicant in having the records pertaining to
the applicant's conviction or guilty plea expunged against the
legitimate needs, if any, of the government to maintain those
records.

(2)(a)
The court may order the expungement of all official records
pertaining to the case and the deletion of all index references to
the case and, if it does order the expungement, shall send notice of
the order to each public office or agency that the court has reason
to believe may have an official record pertaining to the case if the
court, after complying with division (C)(1) of this section,
determines both of the following:

(i)
That the applicant has been convicted of or pleaded guilty to a
violation of division (E) of section 2923.16 of the Revised Code as
it existed prior to September 30, 2011, and the conduct that was the
basis of the violation no longer would be a violation of that
division on or after September 30, 2011
;
,
or

that the applicant has been convicted of or pleaded guilty to a
violation of division (B) or (C) of section 2923.16 of the Revised
Code as the division existed prior to September 30, 2011, and the
conduct that was the basis of the violation no longer would be a
violation of that division on or after September 30, 2011, due to the
application of division (F)(5) of that section as it exists on and
after September 30, 2011
;
or that the applicant has been convicted of or pleaded guilty to a
violation of division (B)(1) of section 2923.12 of the Revised Code
or of division (E)(1) or (2) of section 2923.16 of the Revised Code
as the particular division existed prior to June 13, 2022
;

(ii)
That the interests of the applicant in having the records pertaining
to the applicant's conviction or guilty plea expunged are not
outweighed by any legitimate needs of the government to maintain
those records.

(b)
The proceedings in the case that is the subject of an order issued
under division (C)(2)(a) of this section shall be considered not to
have occurred and the conviction or guilty plea of the person who is
the subject of the proceedings shall be expunged. The record of the
conviction shall not be used for any purpose, including, but not
limited to, a criminal records check under section 109.572 of the
Revised Code or a determination under section 2923.125 or 2923.1213
of the Revised Code of eligibility for a
concealed
handgun
basic
competency
license.
The applicant may, and the court shall, reply that no record exists
with respect to the applicant upon any inquiry into the matter.

(3)
Upon the filing of an application under this section, the applicant,
unless indigent, shall pay a fee of fifty dollars. The court shall
pay thirty dollars of the fee into the state treasury and shall pay
twenty dollars of the fee into the county general revenue fund.

Sec.
5502.411.
(A)
As used in this section:

(1)
"Ammunition" has the same meaning as in section 2305.401 of
the Revised Code.

(2)
"
Concealed
handgun
Basic
competency
license,"
"deadly weapon," "firearm," and "valid

concealed
handgun
basic
competency
license"
have the same meanings as in section 2923.11 of the Revised Code.

(3)
"Licensee" has the same meaning as in section 2923.124 of
the Revised Code.

(B)
The transport, storage, sale, transfer, commerce in, import and
export of, distribution, repair, maintenance, and manufacture of
deadly weapons or firearms, ammunition, and accessories and
components related to deadly weapons or firearms, shooting ranges,
and other goods and services directly related to lawful deadly weapon
or firearm possession, use, storage, repair, maintenance, sale,
transfer, and training in the use of deadly weapons or firearms, are
declared to be life-sustaining "essential" businesses and
services for the purposes of safety and security in times of declared
emergency or any other statutorily authorized response to any
disaster, war, act of terrorism, riot, civil disorder, public health
crisis, public nuisance, or emergency of whatever kind or nature.

(C)
Except as provided in this section, no state agency, political
subdivision, elected or appointed official or employee of this state
or any political subdivision, or agent of this state or of any
political subdivision, board, commission, bureau, or other public
body established by law may, under any governmental authority or
color of law exercised as part of any statutorily authorized response
to any disaster, war, act of terrorism, riot, civil disorder, public
health crisis, public nuisance, or emergency of whatever kind or
nature, do any of the following:

(1)
Prohibit, regulate, or curtail the otherwise lawful possession,
carrying, display, sale, transportation, transfer, defensive use, or
other lawful use of any of the following:

(a)
Any firearm, including any component or accessory of a firearm;

(b)
Any ammunition, including any component or accessory of ammunition;

(c)
Any ammunition-reloading equipment, component, or supplies;

(d)
Any deadly weapon, including any component or accessory of a deadly
weapon.

(2)
Require registration of deadly weapon or firearm owners, of any
firearms, including any component or accessory of a firearm, of any
ammunition, including any component or accessory of ammunition, or of
any deadly weapon, including any component or accessory of a deadly
weapon;

(3)
Seize, commandeer, or confiscate in any manner, any of the following
items that are possessed, carried, displayed, sold, transferred,
transported, stored, or used in connection with otherwise lawful
conduct:

(a)
Any firearm, including any component or accessory of a firearm;

(b)
Any ammunition, including any component or accessory of ammunition;

(c)
Any ammunition-reloading equipment, component, or supplies;

(d)
Any deadly weapon, including any component or accessory of a deadly
weapon.

(4)
Suspend or revoke a valid
concealed
handgun
basic
competency
license,
except as expressly authorized in Chapter 2923. of the Revised Code;

(5)
Refuse to accept or process an application for a
concealed
handgun
basic
competency
license
or for renewal of a
concealed
handgun
basic
competency
license,
provided the application for the license has been properly completed
and submitted in accordance with section 2923.125 or 2923.1213 of the
Revised Code and the application for the renewal has been properly
completed and submitted in accordance with section 2923.125 of the
Revised Code;

(6)
Prohibit, suspend, or limit the business operations of any entity
engaged in the lawful selling or servicing of any firearms or
ammunition, including any components or accessories of firearms or
ammunition, any ammunition-reloading equipment, component, or
supplies, or any deadly weapons, including any component or accessory
of deadly weapons;

(7)
Prohibit, suspend, or limit the business operations of any legally
established indoor or outdoor shooting range, whether located on
state lands or on land other than state lands, or of any entity
engaged in providing deadly weapon or firearms safety, deadly weapon
or firearms training, firearms license qualification or
requalification, firearms safety instructor courses, or any similar
class, course, or program;

(8)
Place restrictions or quantity limitations on any entity regarding
the lawful sale or servicing of any of the following:

(a)
Any firearm, including any component or accessory of a firearm;

(b)
Any ammunition, including any component or accessory of ammunition;

(c)
Any ammunition-reloading equipment, component, or supplies;

(d)
Any deadly weapon, including any component or accessory of a deadly
weapon.

(9)
Suspend, restrict, or prohibit otherwise lawful hunting, fishing, or
trapping activities or business entities conducting or directly
facilitating lawful hunting, trapping, or fishing activities, whether
conducted on state lands and waters or on land and waters other than
state lands and waters.

(D)(1)
If a
concealed
handgun
basic
competency
license
has been issued to a licensee under either section 2923.125 or
2923.1213 of the Revised Code, if the governor issues an executive
order declaring an emergency, and if the date that the valid and
existing license would or is scheduled to expire falls within the
period of emergency declared by the governor's executive order or the
thirty days immediately preceding the date of that declaration, then,
notwithstanding the date of scheduled expiration, the license is
automatically extended throughout the duration of the period of the
emergency plus an additional ninety days. If, during the period of
the emergency or during the additional ninety days, a licensee issued
a license under section 2923.125 of the Revised Code submits an
application for renewal of the license or schedules an appointment
with the issuing authority or another authority authorized to renew
the license, the license is further automatically extended until the
renewal application is accepted and fully processed.

(2)
If division (D)(1) of this section applies with respect to a

concealed
handgun
basic
competency
license,
during the extension period described in that division that is
applicable to that license, all of the following apply:

(a)
The license shall be valid for all purposes under the laws of this
state and the person to whom the license was issued shall be
considered for all purposes under the laws of this state to be the
holder of a valid license to carry a concealed handgun, and the
license shall be valid for all purposes under section 2923.128 of the
Revised Code
;
.

(b)
The license remains subject to the operation of section 2923.128 of
the Revised Code during the extended period of the license and at any
other time
;
.

(c)
Except for the date of scheduled expiration, all other conditions and
restrictions otherwise applicable to the license and the license
holder continue to apply during the extended period of the license
and at any other time.

(E)
Notwithstanding any inconsistent provision of law, including sections
5502.30 and 5502.35 of the Revised Code:

(1)
A person, group, or entity adversely affected by any manner of law,
ordinance, rule, regulation, resolution, practice, or other action
enacted or enforced in violation of this section may file an action
for damages, injunctive relief, declaratory relief, or other
appropriate redress in the court of common pleas of the county in
which the aggrieved person resides or the group or entity is located,
or in which the violation occurred, unless the action is for damages
and filed against any state agency, any elected or appointed official
or employee of the state, or any other agent of the state.

(2)
In an action brought under authority of division (E)(1) of this
section:

(a)
A person, group, or entity adversely affected by any manner of law,
ordinance, rule, regulation, resolution, practice, or other action
enacted or enforced by any political subdivision, any elected or
appointed official or employee of a political subdivision, or any
agent of any political subdivision, bureau, or other public body
established by law in conflict with this section may bring a civil
action against the political subdivision, elected or appointed
official or employee of the political subdivision, or agent of the
political subdivision, bureau, or other public body seeking damages,
declaratory relief, injunctive relief, or a combination of those
remedies. Any damages awarded shall be awarded against, and paid by,
the political subdivision, or the bureau, or other public body. In
addition to any actual damages awarded against the agency, the
political subdivision, or the board, commission, bureau, or other
public body and any other relief provided with respect to such an
action, the court shall award reasonable expenses to any person,
group, or entity that brings the action, to be paid by the political
subdivision, bureau, or other public body, if either of the following
applies:

(i)
The person, group, or entity prevails in a challenge to the law,
ordinance, rule, regulation, resolution, practice, or action as being
in conflict with this section.

(ii)
The law, ordinance, rule, regulation, resolution, practice, or action
or the manner of its enforcement is repealed or rescinded after the
civil action was filed but prior to a final court determination of
the action.

(b)
In addition to any other remedy available at law or in equity, a
person, group, or entity aggrieved by the seizure or confiscation, in
violation of this section, of one or more items listed in division
(C)(3) of this section may apply to the court of common pleas of the
county in which the item or items were seized or confiscated for the
immediate return of the item or items, unless the action is for
damages and filed against any state agency, any elected or appointed
official or employee of the state, or any other agent of the state.
Except as otherwise provided in division (E)(2)(a) of this section,
upon receipt of the application and a determination by the court that
the seizure or confiscation of the item or items was in violation of
this section, the court shall order the immediate return of the item
or items by the seizing or confiscating state agency, political
subdivision, board, commission, bureau, or other public body and that
entity's employed officials. If a court orders the return of the
seized or confiscated item or items under this division and the item
or items are not returned in accordance with the order, the aggrieved
party may claim reasonable costs and attorney fees for the loss and,
the cost of reclaiming the item or items, or the cost of any damages
to the item or items.

(3)
Any claim filed against any state agency, any elected or appointed
official or employee of the state, or any other agent of the state
for damages shall be filed with the court of claims.

(4)
Nothing in this section shall be interpreted to mean the state
intends to waive its right to federal immunity under the eleventh
amendment of the United States Constitution.

(F)
The provisions contained in the amendments to section 3761.16 of the
Revised Code and the enactment of this section by S.B. 16 of the
134th general assembly are severable, as provided in section 1.50 of
the Revised Code. In particular, it is the intent of the general
assembly that any invalidity or potential invalidity of a provision
contained in those amendments or this section is not to impair the
immediate and continuing enforceability of the remaining provisions.

Section
2.
That
existing sections 109.69, 109.731, 311.41, 311.42, 311.43, 1547.69,
2921.13, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.124,
2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210,
2923.1211, 2923.1213, 2923.16, 2953.35, and 5502.411 of the Revised
Code are hereby repealed.

Section
3.
That
section 2923.111 of the Revised Code is hereby repealed.

Section
4.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
2923.125 of the Revised Code as amended by both H.B. 281 and S.B. 288
of the 134th General Assembly.

Section
2923.126 of the Revised Code as amended by H.B. 33, H.B. 452, and
S.B. 98 all of the 135th General Assembly.

Section
2923.128 of the Revised Code as amended by H.B. 281, S.B. 215, and
S.B. 288, all of the 134th General Assembly.

Section
2923.1213 of the Revised Code as amended by both H.B. 281 and S.B.
288 of the 134th General Assembly.