Enact the Extreme Risk Protection Order Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 46

2025-2026

Representatives Thomas, C., Grim

Cosponsors: Representatives Sweeney,
Rader, Piccolantonio, Brent, Upchurch, Denson, Brennan, Mohamed,
Synenberg, Abdullahi, Russo, Isaacsohn

A
BILL

To
amend sections 109.57, 2923.125, 2923.128, 2923.1213, and 2923.13 and
to enact sections 2923.26, 2923.27, 2923.28, 2923.29, 2923.30, and
2923.99 of the Revised Code to
enact
the Extreme Risk Protection Order Act to allow certain persons to
obtain a court order that temporarily restricts a person's access to
firearms under specified circumstances.

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

Section
1.
That
sections 109.57, 2923.125, 2923.128, 2923.1213, and 2923.13 be
amended and sections 2923.26, 2923.27, 2923.28, 2923.29, 2923.30, and
2923.99 of the Revised Code be enacted to read as follows:

Sec.
109.57.
(A)(1)
The superintendent of the bureau of criminal identification and
investigation shall procure from wherever procurable and file for
record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of all
persons who have been convicted of committing within this state a
felony, any crime constituting a misdemeanor on the first offense and
a felony on subsequent offenses, or any misdemeanor described in
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the
Revised Code, of all children under eighteen years of age who have
been adjudicated delinquent children for committing within this state
an act that would be a felony or an offense of violence if committed
by an adult or who have been convicted of or pleaded guilty to
committing within this state a felony or an offense of violence, and
of all well-known and habitual criminals. The person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution and the person in charge of any state
institution having custody of a person suspected of having committed
a felony, any crime constituting a misdemeanor on the first offense
and a felony on subsequent offenses, or any misdemeanor described in
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the
Revised Code or having custody of a child under eighteen years of age
with respect to whom there is probable cause to believe that the
child may have committed an act that would be a felony or an offense
of violence if committed by an adult shall furnish such material to
the superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this division,
if committed by an adult, has not been adjudicated a delinquent child
for committing an act that would be a felony or an offense of
violence if committed by an adult, has not been convicted of or
pleaded guilty to committing a felony or an offense of violence, and
is not a child with respect to whom there is probable cause to
believe that the child may have committed an act that would be a
felony or an offense of violence if committed by an adult shall not
be procured by the superintendent or furnished by any person in
charge of any county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution, except as authorized in section 2151.313 of
the Revised Code.

(2)
Every clerk of a court of record in this state, other than the
supreme court or a court of appeals, shall send to the superintendent
of the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a misdemeanor on
the first offense and a felony on subsequent offenses, involving a
misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a)
of section 109.572 of the Revised Code, or involving an adjudication
in a case in which a child under eighteen years of age was alleged to
be a delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult. The clerk of the
court of common pleas shall include in the report and summary the
clerk sends under this division all information described in
divisions (A)(2)(a) to (f) of this section regarding a case before
the court of appeals that is served by that clerk. The summary shall
be written on the standard forms furnished by the superintendent
pursuant to division (B) of this section and shall include the
following information:

(a)
The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section;

(b)
The style and number of the case;

(c)
The date of arrest, offense, summons, or arraignment;

(d)
The date that the person was convicted of or pleaded guilty to the
offense, adjudicated a delinquent child for committing the act that
would be a felony or an offense of violence if committed by an adult,
found not guilty of the offense, or found not to be a delinquent
child for committing an act that would be a felony or an offense of
violence if committed by an adult, the date of an entry dismissing
the charge, an entry declaring a mistrial of the offense in which the
person is discharged, an entry finding that the person or child is
not competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution of
the case;

(e)
A statement of the original charge with the section of the Revised
Code that was alleged to be violated;

(f)
If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or terms of probation
imposed or any other disposition of the offender or the delinquent
child.

If
the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall clearly
state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's
records.

(3)
The superintendent shall cooperate with and assist sheriffs, chiefs
of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent offenses,
or a misdemeanor described in division (A)(1)(a), (A)(4)(a), or
(A)(6)(a) of section 109.572 of the Revised Code and of all children
under eighteen years of age arrested or otherwise taken into custody
for committing an act that would be a felony or an offense of
violence if committed by an adult. The superintendent also shall file
for record the fingerprint impressions of all persons confined in a
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution for the violation of state laws and of all
children under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for committing
an act that would be a felony or an offense of violence if committed
by an adult, and any other information that the superintendent may
receive from law enforcement officials of the state and its political
subdivisions.

(4)
The superintendent shall carry out Chapter 2950. of the Revised Code
with respect to the registration of persons who are convicted of or
plead guilty to a sexually oriented offense or a child-victim
oriented offense and with respect to all other duties imposed on the
bureau under that chapter.

(5)
The bureau shall perform centralized recordkeeping functions for
criminal history records and services in this state for purposes of
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code and is the criminal history
record repository as defined in that section for purposes of that
compact. The superintendent or the superintendent's designee is the
compact officer for purposes of that compact and shall carry out the
responsibilities of the compact officer specified in that compact.

(6)
The superintendent shall, upon request, assist a county coroner in
the identification of a deceased person through the use of
fingerprint impressions obtained pursuant to division (A)(1) of this
section or collected pursuant to section 109.572 or 311.41 of the
Revised Code.

(B)
The superintendent shall prepare and furnish to every county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution and to every clerk of a court in this state specified in
division (A)(2) of this section standard forms for reporting the
information required under division (A) of this section. The standard
forms that the superintendent prepares pursuant to this division may
be in a tangible format, in an electronic format, or in both tangible
formats and electronic formats.

(C)(1)
The superintendent may operate a center for electronic, automated, or
other data processing for the storage and retrieval of information,
data, and statistics pertaining to criminals and to children under
eighteen years of age who are adjudicated delinquent children for
committing an act that would be a felony or an offense of violence if
committed by an adult, criminal activity, crime prevention, law
enforcement, and criminal justice, and may establish and operate a
statewide communications network to be known as the Ohio law
enforcement gateway to gather and disseminate information, data, and
statistics for the use of law enforcement agencies and for other uses
specified in this division. The superintendent may gather, store,
retrieve, and disseminate information, data, and statistics that
pertain to children who are under eighteen years of age and that are
gathered pursuant to sections 109.57 to 109.61 of the Revised Code
together with information, data, and statistics that pertain to
adults and that are gathered pursuant to those sections.

(2)
The superintendent or the superintendent's designee shall gather
information of the nature described in division (C)(1) of this
section that pertains to the offense and delinquency history of a
person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the state
registry of sex offenders and child-victim offenders maintained
pursuant to division (A)(1) of section 2950.13 of the Revised Code
and in the internet database operated pursuant to division (A)(13) of
that section and for possible inclusion in the internet database
operated pursuant to division (A)(11) of that section.

(3)
In addition to any other authorized use of information, data, and
statistics of the nature described in division (C)(1) of this
section, the superintendent or the superintendent's designee may
provide and exchange the information, data, and statistics pursuant
to the national crime prevention and privacy compact as described in
division (A)(5) of this section.

(4)
The Ohio law enforcement gateway shall contain the name, confidential
address, and telephone number of program participants in the address
confidentiality program established under sections 111.41 to 111.47
of the Revised Code.

(5)
The attorney general may adopt rules under Chapter 119. of the
Revised Code establishing guidelines for the operation of and
participation in the Ohio law enforcement gateway. The rules may
include criteria for granting and restricting access to information
gathered and disseminated through the Ohio law enforcement gateway.
The attorney general shall adopt rules under Chapter 119. of the
Revised Code that grant access to information in the gateway
regarding an address confidentiality program participant under
sections 111.41 to 111.47 of the Revised Code to only chiefs of
police, village marshals, county sheriffs, county prosecuting
attorneys, and a designee of each of these individuals. The attorney
general shall permit an office of a county coroner, the state medical
board, and board of nursing to access and view, but not alter,
information gathered and disseminated through the Ohio law
enforcement gateway.

The
attorney general may appoint a steering committee to advise the
attorney general in the operation of the Ohio law enforcement gateway
that is comprised of persons who are representatives of the criminal
justice agencies in this state that use the Ohio law enforcement
gateway and is chaired by the superintendent or the superintendent's
designee.

(D)(1)
The following are not public records under section 149.43 of the
Revised Code:

(a)
Information and materials furnished to the superintendent pursuant to
division (A) of this section;

(b)
Information, data, and statistics gathered or disseminated through
the Ohio law enforcement gateway pursuant to division (C)(1) of this
section;

(c)
Information and materials furnished to any board or person under
division (F) or (G) of this section.

(2)
The superintendent or the superintendent's designee shall gather and
retain information so furnished under division (A) of this section
that pertains to the offense and delinquency history of a person who
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing a sexually oriented offense or a
child-victim oriented offense for the purposes described in division
(C)(2) of this section.

(E)(1)
The attorney general shall adopt rules, in accordance with Chapter
119. of the Revised Code and subject to division (E)(2) of this
section, setting forth the procedure by which a person may receive or
release information gathered by the superintendent pursuant to
division (A) of this section. A reasonable fee may be charged for
this service. If a temporary employment service submits a request for
a determination of whether a person the service plans to refer to an
employment position has been convicted of or pleaded guilty to an
offense listed or described in division (A)(1), (2), or (3) of
section 109.572 of the Revised Code, the request shall be treated as
a single request and only one fee shall be charged.

(2)
Except as otherwise provided in this division or division (E)(3) or
(4) of this section, a rule adopted under division (E)(1) of this
section may provide only for the release of information gathered
pursuant to division (A) of this section that relates to the
conviction of a person, or a person's plea of guilty to, a criminal
offense or to the arrest of a person as provided in division (E)(3)
of this section. The superintendent shall not release, and the
attorney general shall not adopt any rule under division (E)(1) of
this section that permits the release of, any information gathered
pursuant to division (A) of this section that relates to an
adjudication of a child as a delinquent child, or that relates to a
criminal conviction of a person under eighteen years of age if the
person's case was transferred back to a juvenile court under division
(B)(2) or (3) of section 2152.121 of the Revised Code and the
juvenile court imposed a disposition or serious youthful offender
disposition upon the person under either division, unless either of
the following applies with respect to the adjudication or conviction:

(a)
The adjudication or conviction was for a violation of section 2903.01
or 2903.02 of the Revised Code.

(b)
The adjudication or conviction was for a sexually oriented offense,
the juvenile court was required to classify the child a juvenile
offender registrant for that offense under section 2152.82, 2152.83,
or 2152.86 of the Revised Code, that classification has not been
removed, and the records of the adjudication or conviction have not
been sealed or expunged pursuant to sections 2151.355 to 2151.358 or
sealed or expunged pursuant to section 2953.32 of the Revised Code.

(3)
A rule adopted under division (E)(1) of this section may provide for
the release of information gathered pursuant to division (A) of this
section that relates to the arrest of a person who is eighteen years
of age or older when the person has not been convicted as a result of
that arrest if any of the following applies:

(a)
The arrest was made outside of this state.

(b)
A criminal action resulting from the arrest is pending, and the
superintendent confirms that the criminal action has not been
resolved at the time the criminal records check is performed.

(c)
The bureau cannot reasonably determine whether a criminal action
resulting from the arrest is pending, and not more than one year has
elapsed since the date of the arrest.

(4)
A rule adopted under division (E)(1) of this section may provide for
the release of information gathered pursuant to division (A) of this
section that relates to an adjudication of a child as a delinquent
child if not more than five years have elapsed since the date of the
adjudication, the adjudication was for an act that would have been a
felony if committed by an adult, the records of the adjudication have
not been sealed or expunged pursuant to sections 2151.355 to 2151.358
of the Revised Code, and the request for information is made under
division (F) of this section or under section 109.572 of the Revised
Code. In the case of an adjudication for a violation of the terms of
community control or supervised release, the five-year period shall
be calculated from the date of the adjudication to which the
community control or supervised release pertains.

(F)(1)
As used in division (F)(2) of this section, "head start agency"
means an entity in this state that has been approved to be an agency
for purposes of subchapter II of the "Community Economic
Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as
amended.

(2)(a)
In addition to or in conjunction with any request that is required to
be made under section 109.572, 2151.86, 3301.32, 3301.541, division
(C) of section 3310.58, or section 3319.39, 3319.391, 3327.10,
3740.11, 5104.013, 5123.081, or 5153.111 of the Revised Code or that
is made under section 3314.41, 3319.392, 3326.25, or 3328.20 of the
Revised Code, the board of education of any school district; the
director of developmental disabilities; any county board of
developmental disabilities; any provider or subcontractor as defined
in section 5123.081 of the Revised Code; the chief administrator of
any chartered nonpublic school; the chief administrator of a
registered private provider that is not also a chartered nonpublic
school; the chief administrator of any home health agency; the chief
administrator of or person operating any child care center, type A
family child care home, or type B family child care home licensed
under Chapter 5104. of the Revised Code; the chief administrator of
or person operating any authorized private before and after school
care program; the chief administrator of any head start agency; the
executive director of a public children services agency; a private
company described in section 3314.41, 3319.392, 3326.25, or 3328.20
of the Revised Code; or an employer described in division (J)(2) of
section 3327.10 of the Revised Code may request that the
superintendent of the bureau investigate and determine, with respect
to any individual who has applied for employment in any position
after October 2, 1989, or any individual wishing to apply for
employment with a board of education may request, with regard to the
individual, whether the bureau has any information gathered under
division (A) of this section that pertains to that individual. On
receipt of the request, subject to division (E)(2) of this section,
the superintendent shall determine whether that information exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining to that
individual. The superintendent or the superintendent's designee also
may request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code. Within
thirty days of the date that the superintendent receives a request,
subject to division (E)(2) of this section, the superintendent shall
send to the board, entity, or person a report of any information that
the superintendent determines exists, including information contained
in records that have been sealed under section 2953.32 of the Revised
Code, and, within thirty days of its receipt, subject to division
(E)(2) of this section, shall send the board, entity, or person a
report of any information received from the federal bureau of
investigation, other than information the dissemination of which is
prohibited by federal law.

(b)
When a board of education or a registered private provider is
required to receive information under this section as a prerequisite
to employment of an individual pursuant to division (C) of section
3310.58 or section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued by the bureau of criminal
identification and investigation and that are presented by an
individual applying for employment with the district in lieu of
requesting that information itself. In such a case, the board shall
accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application
documents and shall return the certified copy to the individual. In a
case of that nature, a district or provider only shall accept a
certified copy of records of that nature within one year after the
date of their issuance by the bureau.

(c)
Notwithstanding division (F)(2)(a) of this section, in the case of a
request under section 3319.39, 3319.391, or 3327.10 of the Revised
Code only for criminal records maintained by the federal bureau of
investigation, the superintendent shall not determine whether any
information gathered under division (A) of this section exists on the
person for whom the request is made.

(3)
The state board of education or the department of education and
workforce may request, with respect to any individual who has applied
for employment after October 2, 1989, in any position with the state
board or the department of education and workforce, any information
that a school district board of education is authorized to request
under division (F)(2) of this section, and the superintendent of the
bureau shall proceed as if the request has been received from a
school district board of education under division (F)(2) of this
section.

(4)
When the superintendent of the bureau receives a request for
information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received from
a school district board of education and shall comply with divisions
(F)(2)(a) and (c) of this section.

(G)
In addition to or in conjunction with any request that is required to
be made under section 3712.09, 3721.121, or 3740.11 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult or
adult resident, the chief administrator of a home health agency,
hospice care program, home licensed under Chapter 3721. of the
Revised Code, or adult day-care program operated pursuant to rules
adopted under section 3721.04 of the Revised Code may request that
the superintendent of the bureau investigate and determine, with
respect to any individual who has applied after January 27, 1997, for
employment in a position that does not involve providing direct care
to an older adult or adult resident, whether the bureau has any
information gathered under division (A) of this section that pertains
to that individual.

In
addition to or in conjunction with any request that is required to be
made under section 173.27 of the Revised Code with respect to an
individual who has applied for employment in a position that involves
providing ombudsman services to residents of long-term care
facilities or recipients of community-based long-term care services,
the state long-term care ombudsman, the director of aging, a regional
long-term care ombudsman program, or the designee of the ombudsman,
director, or program may request that the superintendent investigate
and determine, with respect to any individual who has applied for
employment in a position that does not involve providing such
ombudsman services, whether the bureau has any information gathered
under division (A) of this section that pertains to that applicant.

In
addition to or in conjunction with any request that is required to be
made under section 173.38 of the Revised Code with respect to an
individual who has applied for employment in a direct-care position,
the chief administrator of a provider, as defined in section 173.39
of the Revised Code, may request that the superintendent investigate
and determine, with respect to any individual who has applied for
employment in a position that is not a direct-care position, whether
the bureau has any information gathered under division (A) of this
section that pertains to that applicant.

In
addition to or in conjunction with any request that is required to be
made under section 3712.09 of the Revised Code with respect to an
individual who has applied for employment in a position that involves
providing direct care to a pediatric respite care patient, the chief
administrator of a pediatric respite care program may request that
the superintendent of the bureau investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care to a pediatric
respite care patient, whether the bureau has any information gathered
under division (A) of this section that pertains to that individual.

On
receipt of a request under this division, the superintendent shall
determine whether that information exists and, on request of the
individual requesting information, shall also request from the
federal bureau of investigation any criminal records it has
pertaining to the applicant. The superintendent or the
superintendent's designee also may request criminal history records
from other states or the federal government pursuant to the national
crime prevention and privacy compact set forth in section 109.571 of
the Revised Code. Within thirty days of the date a request is
received, subject to division (E)(2) of this section, the
superintendent shall send to the requester a report of any
information determined to exist, including information contained in
records that have been sealed under section 2953.32 of the Revised
Code, and, within thirty days of its receipt, shall send the
requester a report of any information received from the federal
bureau of investigation, other than information the dissemination of
which is prohibited by federal law.

(H)
Information obtained by a government entity or person under this
section is confidential and shall not be released or disseminated.

(I)
The superintendent may charge a reasonable fee for providing
information or criminal records under division (F)(2) or (G) of this
section.

(J)
(J)(1)
The superintendent shall develop and prepare instructions and
informational brochures, standard petitions, and extreme risk
protection order forms, and a court staff handbook on the extreme
risk protection order process. The standard petitions and order forms
shall be prepared and available for use not later than six months
after the effective date of this amendment, for all petitions filed
and orders issued under sections 2923.26 to 2923.30 of the Revised
Code. The instructions, brochures, forms, and handbook shall be
prepared in consultation with interested parties, including
representatives of gun violence prevention groups, judges, and law
enforcement personnel. Materials shall be based on best practices and
shall be made available online to the public. The petitions and
petition forms referred to in divisions (J)(1) to (11) of this
section mean both petitions for requesting an extreme risk protection
order under section 2923.26 of the Revised Code and applications for
requesting an ex parte extreme risk protection order under section
2923.27 of the Revised Code.

(2)
The instructions shall be designed to assist petitioners in
completing the petition, and shall include a sample of a standard
petition and an extreme risk protection order form.

(3)
The instructions and standard petition shall include a means for the
petitioner to identify, without special knowledge, the firearms the
respondent may own, possess, receive, or have in the respondent's
custody or control. The instructions shall provide pictures of types
of firearms that the petitioner may choose from to identify the
relevant firearms, or an equivalent means to allow petitioners to
identify firearms without requiring specific or technical knowledge
regarding the firearms.

(4)
The informational brochure shall describe the use of and the process
for obtaining, modifying, and terminating an extreme risk protection
order under sections 2923.26 to 2923.30 of the Revised Code and
provide relevant forms.

(5)
The extreme risk protection order form shall include, in a
conspicuous location, notice of criminal penalties resulting from a
violation of the order, and the following statement:

"You
have the sole responsibility to avoid or refrain from violating this
order's provisions. Only the court can change the order and only upon
written application."

(6)
The court staff handbook shall allow for a clerk of court to add to
the handbook a community resource list.

(7)
The superintendent shall distribute a master copy of the petition and
order forms, instructions, and informational brochures to every clerk
of court and shall distribute a master copy of the petition and order
forms to all county courts, municipal courts, and courts of common
pleas.

(8)
The superintendent shall distribute all documents in an electronic
format or formats accessible to all courts and clerks of court in the
state and may additionally distribute the documents in other formats.

(9)
The superintendent shall determine the significant
non-English-speaking or limited English-speaking populations in the
state and arrange for translation of the instructions and
informational brochures required by this section into the languages
spoken by those populations. The translated instructions and
informational brochures shall contain a sample of the standard
petition and order for protection forms. The superintendent shall
distribute a master copy of the translated instructions and
informational brochures to every clerk of court not later than one
year after the effective date of this amendment.

(10)
The superintendent shall update the instructions, brochures, standard
petitions, and extreme risk protection order forms, and court staff
handbook as necessary, including when changes in the law make an
update necessary.

(11)
Any assistance or information provided by a clerk of court under
division (J) of this section does not constitute the practice of law.

(K)
In addition to informational brochures and materials made available
by the superintendent under division (J) of this section, each clerk
of court may create a community resource list of crisis intervention,
mental health, substance abuse, interpreter, counseling, and other
relevant resources serving the county in which the court is located.

(L)

As used in this section:

(1)
"Pediatric respite care program" and "pediatric care
patient" have the same meanings as in section 3712.01 of the
Revised Code.

(2)
"Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.

(3)
"Registered private provider" means a nonpublic school or
entity registered with the department of education and workforce
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code to
participate in the Jon Peterson special needs scholarship program.

(4)
"Extreme risk protection order" and "ex parte extreme
risk protection order" have the same meanings as in section
2923.26 of the Revised Code.

Sec.
2923.125.
It
is the intent of the general assembly that Ohio concealed handgun
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
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 licenses other than concealed
handgun 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 license with respect to
which this section applies or to renew a concealed handgun 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 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 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 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 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)(5)
or (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,

an extreme risk protection order or ex parte extreme risk protection
order issued under sections 2923.26 to 2923.30 of the Revised Code,

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 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 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 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
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
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 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 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 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 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 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 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 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 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 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 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
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 license, deciding to issue
a replacement concealed handgun license, or deciding to renew a
concealed handgun 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.
2923.128.
(A)(1)(a)
If a licensee holding a valid concealed handgun 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 license is convicted
of or pleads guilty to a misdemeanor violation of division (B)(2) or
(4) of section 2923.12 of the Revised Code or of division (E)(3) or
(5) of section 2923.16 of the Revised Code, 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) of section 2923.12 of the
Revised Code or of division (E)(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.

(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 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 license, 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 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

an extreme risk protection order or ex parte extreme risk protection
order issued under sections 2923.26 to 2923.30 of the Revised Code,

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 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 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.
2923.1213.
(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 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,

an extreme risk protection order or ex parte extreme risk protection
order issued under sections 2923.26 to 2923.30 of the Revised Code,

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 license that
previously was issued to the person or a similar suspension imposed
by another state regarding a concealed handgun 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 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 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 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
license issuance fund established pursuant to section 311.42 of the
Revised Code.

(C)
A person who holds a concealed handgun license on a temporary
emergency basis has the same right to carry a concealed handgun as a
person who was issued a concealed handgun 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 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
license on a temporary emergency basis.

(E)
A sheriff who issues a concealed handgun 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 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 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
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
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 license on a temporary emergency basis.

Sec.
2923.13.
(A)
Unless relieved from disability under operation of law or legal
process, no person shall knowingly acquire, have, carry, or use any
firearm or dangerous ordnance, if any of the following apply:

(1)
The person is a fugitive from justice.

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

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

(4)
The person has a drug dependency, is in danger of drug dependence, or
has chronic alcoholism.

(5)
The person is under adjudication of mental incompetence, has been
committed to a mental institution, has been found by a court to be a
person with a mental illness subject to court order, or is 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.

(6)
The person has been found guilty of having a firearm while under
extreme risk protection order disability, and is prohibited from
acquiring, having, carrying, or using a firearm under section 2923.99
of the Revised Code.

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

(C)
For the purposes of this section
,
"under
:

(1)
"Under

operation of law or legal process" shall not itself include mere
completion, termination, or expiration of a sentence imposed as a
result of a criminal conviction.

(2)
"Mentally ill person subject to court order" and "patient"
have the same meanings as in section 5122.01 of the Revised Code.

Sec.
2923.26.
(A)
As used in this section and sections 2923.27 to 2923.30 of the
Revised Code:

(1)
"Extreme risk protection order" means a final order granted
under section 2923.26 of the Revised Code.

(2)
"Ex parte extreme risk protection order" means an ex parte
order granted under section 2923.27 of the Revised Code.

(3)
"Family or household member" means, with respect to a
respondent, any of the following:

(a)
A person related by blood, marriage, or adoption to the respondent;

(b)
A person in a dating relationship with the respondent;

(c)
A person who has a child in common with the respondent, regardless of
whether the person has been married to the respondent or has lived
together with the respondent at any time;

(d)
A person who resides with the respondent or who has resided with the
respondent within the past year;

(e)
A person who has a biological or legal parent-child relationship with
the respondent, including a stepparent, stepchild, grandparent, and
grandchild of the respondent;

(f)
A person who is acting or has acted as the respondent's legal
guardian.

(4)
"Petitioner" means the person who petitions for an extreme
risk protection order under this section.

(5)
"Respondent" means the person who is identified as the
subject of a petition for an extreme risk protection order under this
section.

(6)
"Law enforcement officer" means a sheriff, deputy sheriff,
constable, police officer of a township or joint police district,
municipal police officer, or state highway patrol trooper.

(7)
"Law enforcement agency" means a municipal or township
police department, a county sheriff's office, or the state highway
patrol.

(B)(1)
Any of the following persons may seek relief under sections 2923.26
to 2923.30 of the Revised Code by filing a petition for an extreme
risk protection order in the court of common pleas in the county
where the petitioner resides or in the county where the respondent
resides:

(a)
A family or household member of the respondent;

(b)
A law enforcement officer or law enforcement agency.

(2)
If a petitioner files a petition for an extreme risk protection
order, in addition to the petition, the petitioner may file an
application for an ex parte extreme risk protection order under
section 2923.27 of the Revised Code. An application for an ex parte
extreme risk protection order may be filed as specified in that
section in the court of common pleas in which the petition is filed
or in a county court or municipal court. If a petitioner who files a
petition for an extreme risk protection order also files an
application for an ex parte extreme risk protection order, except as
expressly specified to the contrary, the provisions of this section
apply with respect to the petition that is related to the
application.

(C)
A petition for an extreme risk protection order shall include all of
the following:

(1)
An allegation that the respondent poses a significant danger of
causing personal injury to self or others by having in the
respondent's custody or control, purchasing, possessing, or receiving
a firearm, accompanied by an affidavit made under oath stating the
specific statements, actions, or facts that give rise to a reasonable
fear of future dangerous acts by the respondent;

(2)
An inventory list including the number, types, and locations of every
firearm the petitioner believes to be in the respondent's ownership,
possession, custody, or control;

(3)
A list of any protection order issued under section 2151.34,
2903.213, 2903.214, 2919.26, or 3113.31 of the Revised Code to which
the respondent is subject and of which the petitioner is aware;

(4)
A list of any pending lawsuit, complaint, petition, or other legal
action between the parties.

(D)
The court shall verify the terms of any existing order governing the
parties but shall not delay granting relief under this section or
section 2923.27 of the Revised Code because an action is pending
between the parties. A petition for an extreme risk protection order
may be granted whether or not an action between the parties is
pending.

(E)
If the petitioner for an extreme risk protection order is a law
enforcement officer or agency, the petitioner shall make a good faith
effort to provide notice to a family or household member or third
party who may be at risk of violence. The notice shall state that the
petitioner intends to petition the court for an extreme risk
protection order or that the petitioner has already done so, and
include referrals to appropriate resources, including mental health,
domestic violence, and counseling resources. The petitioner shall
attest in the petition to having provided this notice, or attest to
the steps that will be taken to provide the notice.

(F)
If the petition for an extreme risk protection order states that
disclosure of the petitioner's address would risk harm to the
petitioner or any member of the petitioner's family or household, the
petitioner's address may be omitted from all documents filed with the
court. If the petitioner has not disclosed an address under this
division, the petitioner shall designate an alternate address at
which the respondent may serve notice of any motions. If the
petitioner is a law enforcement officer or agency, the address of
record shall be the address of the law enforcement agency.

(G)
The court shall not charge a fee to a petitioner for filing a
petition under this section or for filing an application for an ex
parte extreme risk protection order under section 2923.27 of the
Revised Code, and shall not charge the petitioner for service of
process of the petition. The court shall provide the necessary
certified copies and forms and shall provide materials explaining the
process of filing a petition for an extreme risk protection order to
persons free of charge.

(H)
No petitioner for an extreme risk protection order shall be required
to post a bond to obtain relief under this section or sections
2923.27 to 2923.30 of the Revised Code.

(I)(1)
Upon receiving a petition for an extreme risk protection order, the
court shall do all of the following, subject to division (I)(2) of
this section:

(a)
Order a hearing to be held not later than fourteen days after the
date the petition is filed;

(b)
Issue a notice of the date, time, and location of the hearing to the
respondent named in the petition;

(c)
Cause a copy of the notice of hearing and petition to be forwarded on
or before the next judicial day to a local law enforcement agency for
service on the respondent.

(2)
If a petitioner who files a petition for an extreme risk protection
order also files an application for an ex parte extreme risk
protection order under section 2923.27 of the Revised Code with
respect to the same respondent, the court shall order the hearing
specified in division (I)(1)(a) of this section, but except as
provided in division (E)(4) of section 2923.27 of the Revised Code,
the court shall not issue the notice under division (I)(1)(b) of this
section, cause the copy of the notice and petition to be served under
division (I)(1)(c) of this section, or conduct the hearing.

(J)
The court may do either of the following with respect to a petition
for an extreme risk protection order:

(1)
Subject to division (K) of this section, schedule a hearing by
telephone pursuant to local court rule, to reasonably accommodate a
disability, or, in exceptional circumstances, to protect a petitioner
from potential harm;

(2)
Issue an ex parte extreme risk protection order under section 2923.27
of the Revised Code, if an application for such an order is made
under that section.

(K)
The court shall require assurances of the petitioner's identity
before conducting a telephonic hearing under division (J)(1) of this
section.

(L)
Except as otherwise provided in this division, the local law
enforcement agency shall personally serve the petition and notice of
the hearing on the respondent not less than five judicial days prior
to the hearing. If the petitioner who filed the petition for an
extreme risk protection order also filed an application for an ex
parte extreme risk protection order under section 2923.27 of the
Revised Code with respect to the same respondent, the agency shall
serve the notice and petition as specified in division (E)(3) or (4)
of section 2923.27 of the Revised Code. Service issued under this
section shall take precedence over other service of other documents,
unless those documents are also of an emergency nature. If the local
law enforcement agency cannot serve process under this section within
the time period specified, the court shall set a new hearing date and
either require the local law enforcement agency to attempt personal
service again or shall permit service by publication or mail as
provided in division (H) of section 2923.28 of the Revised Code. The
court shall not require more than two attempts at obtaining personal
service and shall permit service by publication or mail after two
attempts unless the petitioner requests additional time to attempt
personal service. If the court issues an order that permits service
by publication or mail, the court shall set the hearing date not
later than twenty-four days after the date the order is issued.

(M)(1)
Upon hearing a petition for an extreme risk protection order, subject
to division (M)(2) of this section, if the court finds by a
preponderance of the evidence that the respondent poses a significant
danger of causing personal injury to self or others by having custody
or control of a firearm or the ability to purchase, possess, or
receive a firearm, the court shall issue an extreme risk protection
order for a period of one hundred eighty days.

(2)
Division (M)(1) of this section does not apply to a determination of
whether an ex parte extreme risk protection order should be issued
under section 2923.27 of the Revised Code. Divisions (B) and (C) of
that section govern the determination of whether such an order should
be issued. If a court issues an ex parte extreme risk protection
order under that section, division (M)(1) of this section applies in
determining whether to issue a final extreme risk protection order
after a hearing held on the related petition for an order. If a court
denies an application for an ex parte extreme risk protection order
under that section, division (M)(1) of this section applies in
determining whether to issue an extreme risk protection order after a
hearing held on the related petition for an order.

(N)
In determining whether grounds for an extreme risk protection order
exist under division (M)(1) of this section or whether grounds for an
ex parte extreme risk protection order exist under divisions (B) and
(C) of section 2923.27 of the Revised Code, the court may do any of
the following:

(1)
Consider any relevant evidence including any of the following:

(a)
A recent act or threat of violence by the respondent against the
respondent or against another, whether or not the violence or threat
involves a firearm;

(b)
A pattern of acts or threats of violence by the respondent within the
past twelve months, including acts or threats of violence by the
respondent against the respondent or against others;

(c)
Any dangerous mental health issues of the respondent;

(d)
A violation by the respondent of any of the following:

(i)
A protection order issued or consent agreement approved pursuant to
section 2919.26 or 3113.31 of the Revised Code;

(ii)
A protection order issued pursuant to section 2151.34, 2903.213, or
2903.214 of the Revised Code;

(iii)
A protection order issued by a court of another state.

(e)
A previous or existing extreme risk protection order issued against
the respondent;

(f)
A violation of a previous or existing extreme risk protection order
issued against the respondent;

(g)
A conviction of the respondent for a violation of section 2919.25 of
the Revised Code;

(h)
The respondent's ownership, access to, or intent to possess firearms;

(i)
The unlawful or reckless use, display, or brandishing of a firearm by
the respondent;

(j)
The history of use, attempted use, or threatened use of physical
force by the respondent against another person, or the respondent's
history of stalking another person;

(k)
Any prior arrest of the respondent for a felony offense or violent
crime;

(l)
Corroborated evidence of the abuse of controlled substances or
alcohol by the respondent;

(m)
Evidence of recent acquisition of firearms by the respondent.

(2)
Examine under oath the petitioner, the respondent, and any witness
called by the petitioner or respondent;

(3)
Ensure that a reasonable search has been conducted for criminal
history records related to the respondent.

(O)
During a hearing for an extreme risk protection order, the court
shall consider whether a mental health evaluation or chemical
dependency evaluation is appropriate and may order such an evaluation
if appropriate.

(P)
An extreme risk protection order issued under this section shall
include all of the following:

(1)
A statement of the grounds supporting the order;

(2)
The date and time that the order was issued;

(3)
The date and time the order expires;

(4)
Whether a mental health evaluation or chemical dependency evaluation
of the respondent is required;

(5)
The address of the court in which any responsive pleading should be
filed;

(6)
A description of the requirements for relinquishment of firearms
under section 2923.30 of the Revised Code;

(7)
The following statement:

"To
the subject of the protection order:

This
order will last until the date and time noted above. If you have not
done so already, you must surrender to the (insert name of local law
enforcement agency) all firearms in your custody, control, or
possession and any license to carry a concealed handgun issued to you
under section 2923.125 or 2923.1213 of the Revised Code. You may not
have in your custody or control, purchase, possess, receive, or
attempt to purchase or receive, a firearm while this order is in
effect. You have the right to request one hearing to terminate this
order every one-hundred-eighty-day period that this order is in
effect, starting from the date of this order and continuing through
any renewals. You may seek the advice of an attorney as to any matter
connected with this order."

(Q)
When the court issues an extreme risk protection order under this
section, the court shall inform the respondent that the respondent is
entitled to request termination of the order in the manner prescribed
in section 2923.29 of the Revised Code.

(R)
If the court declines to issue an extreme risk protection order under
this section, the court shall state the particular reasons for denial
in the court's order.

(S)
Sections 2923.26 to 2923.30 of the Revised Code do not affect the
ability of a law enforcement officer to remove a firearm or concealed
handgun license from any person or conduct any search and seizure for
firearms pursuant to any other lawful authority.

Sec.
2923.27.
(A)
A petitioner who files a petition for an extreme risk protection
order under section 2923.26 of the Revised Code may request that an
ex parte extreme risk protection order be issued before a hearing for
an extreme risk protection order under that section, without notice
to the respondent, by filing an application for an ex parte extreme
risk protection order in a court of common pleas, county court, or
municipal court. An application for an ex parte order shall include
detailed allegations based on personal knowledge that the respondent
poses a significant danger of causing personal injury to self or
others in the near future by having custody or control of a firearm
or the ability to purchase, possess, or receive a firearm. The
application shall be filed in addition to the petition for the
extreme risk protection order.

(B)
In considering whether to issue an ex parte extreme risk protection
order under this section, the court that receives the application
shall consider all relevant evidence, including the evidence
described in division (N)(1) of section 2923.26 of the Revised Code.

(C)
If a court finds there is reasonable cause to believe that the
respondent poses a significant danger of causing personal injury to
self or others in the near future by having custody or control of a
firearm or the ability to purchase, possess, or receive a firearm,
the court shall issue an ex parte extreme risk protection order.

(D)
The court shall hold an ex parte extreme risk protection order
hearing in person or by telephone on the day the petition is filed or
on the judicial day immediately following the day the petition is
filed.

(E)(1)
If a court of common pleas issues an ex parte extreme risk protection
order, the court shall schedule a hearing to be held within three
days of the issuance of the order to determine if an extreme risk
protection order should be issued and shall hold the hearing on the
date, and at the time and place, scheduled.

(2)
If a county court or municipal court issues an ex parte extreme risk
protection order, the court shall transfer the case to the court of
common pleas and that court shall schedule a hearing to be held
within three days of the issuance of the order to determine if an
extreme risk protection order should be issued, and shall hold the
hearing on the date, and at the time and place, scheduled.

(3)
If a court of common pleas, county court, or municipal court issues
an ex parte extreme risk protection order, the hearing scheduled
under division (I)(1)(a) of section 2923.26 of the Revised Code shall
not be conducted. Instead, the appropriate court shall conduct the
hearing scheduled under division (E)(1) or (2) of this section to
determine if an extreme risk protection order should be issued. The
court shall issue a notice of the date, time, and location of the
hearing to the respondent and shall cause a copy of the notice of the
hearing and petition to be forwarded on or before the next judicial
day to a local law enforcement agency for service on the respondent.
The local law enforcement agency shall personally serve the notice of
the hearing and petition on the day that it is received and shall
serve the ex parte order concurrently with the notice.

(4)
If a petitioner files an application requesting that an ex parte
extreme risk protection order be issued and the court denies the
application, the court in which the petition was filed under section
2923.26 of the Revised Code shall conduct the hearing scheduled under
division (I)(1)(a) of that section to determine if an extreme risk
protection order should be issued. The court shall issue the notice
under division (I)(1)(b) of that section and cause the copy of the
notice and petition to be served under division (I)(1)(c) of that
section. The local law enforcement agency that is served with the
copy of the notice and petition shall personally serve the petition
and notice of the hearing on the respondent not less than five
judicial days prior to the hearing.

(F)
An ex parte extreme risk protection order issued under this section
shall include all of the following:

(1)
A statement of the grounds asserted for the order;

(2)
The date and time the order was issued;

(3)
The date and time the order expires;

(4)
The address of the court in which any responsive pleading should be
filed;

(5)
The date, time, and location of the hearing scheduled under division
(E)(1) or (2) of this section;

(6)
A description of the requirements for surrender of firearms under
section 2923.30 of the Revised Code;

(7)
The following statement:

"To
the subject of this protection order:

This
order is valid until the date and time noted above. You are required
to surrender all firearms in your custody, control, or possession.
You may not have in your custody or control, purchase, possess,
receive, or attempt to purchase or receive, a firearm while this
order is in effect. You must immediately surrender to the (insert
name of local law enforcement agency) all firearms in your custody,
control, or possession and any license to carry a concealed handgun
issued to you under section 2923.125 or 2923.1213 of the Revised Code
immediately. A hearing will be held on the date and at the time and
location noted above to determine if an extreme risk protection order
should be issued. Failure to appear at that hearing may result in a
court making an order against you that is valid for one hundred
eighty days. You may seek the advice of an attorney as to any matter
connected with this order."

(G)
Any ex parte extreme risk protection order issued under this section
expires upon the hearing on the petition for the extreme risk
protection order.

(H)
If the court of common pleas, county court, or municipal court
declines to issue an ex parte extreme risk protection order, the
court shall state the particular reasons for the denial.

Sec.
2923.28.
(A)
An extreme risk protection order issued under section 2923.26 of the
Revised Code shall be personally served upon the respondent, except
as otherwise provided in sections 2923.26 to 2923.30 of the Revised
Code.

(B)
The law enforcement agency with jurisdiction over the area in which
the respondent resides shall serve the respondent personally unless
the petitioner elects to have the respondent served by a private
party.

(C)
If service by the local law enforcement agency is to be used, the
clerk of court shall cause a copy of the order issued under section
2923.26 of the Revised Code to be forwarded on or before the next
judicial day to the local law enforcement agency specified in the
order for service upon the respondent.

(D)
If the law enforcement agency is unable to complete service on the
respondent within ten days, the law enforcement agency shall notify
the petitioner. The petitioner shall provide any information
necessary to allow the law enforcement agency to complete service on
the respondent.

(E)
If an order entered by the court specifies that the respondent
appeared in person before the court, further service is waived and
proof of service is not necessary.

(F)
If the court previously entered an order allowing service of the
notice and petition or an ex parte extreme risk protection order by
publication or mail under division (H) of this section, or if the
court finds there are now grounds to allow for that method of
service, the court may permit service by publication or mail of the
extreme risk protection order as provided in that division.

(G)
Return of service under sections 2923.26 to 2923.30 of the Revised
Code shall be made in accordance with applicable rules of court.

(H)
The court may order service by publication or service by mail as
provided by the Rules of Civil Procedure except that any summons
shall contain the name of the respondent and petitioner, the date and
time of the hearing, and any ex parte extreme risk protection order
that has been issued against the respondent, and the following
notice:

"If
you fail to respond, an extreme risk protection order may be issued
against you pursuant to sections 2923.26 to 2923.30 of the Revised
Code for one hundred eighty days from the date you are required to
appear."

(I)
If the court orders service by publication or mail for notice of an
extreme risk protection order hearing, it shall also reissue the ex
parte extreme risk protection order, if issued, to expire on the date
of the extreme risk protection order hearing.

(J)
Following completion of service by publication or by mail for notice
of an extreme risk protection order hearing, if the respondent fails
to appear at the hearing, the court may issue an extreme risk
protection order as provided in section 2923.26 of the Revised Code.

(K)
The clerk of the court shall enter any extreme risk protection order
or ex parte extreme risk protection order issued under sections
2923.26 to 2923.30 of the Revised Code into a statewide judicial
information system on the same day such order is issued.

(L)
The clerk of the court shall forward a copy of an order issued under
sections 2923.26 to 2923.30 of the Revised Code the same day the
order is issued to the appropriate law enforcement agency specified
in the order. Upon receipt of the copy of the order, the law
enforcement agency shall enter the order into the national instant
criminal background check system, any other federal or state
computer-based systems used by law enforcement or others to identify
prohibited purchasers of firearms, and any computer-based criminal
intelligence information system available in this state used by law
enforcement agencies to list outstanding warrants. The order shall
remain in each system for the period stated in the order, and the law
enforcement agency shall only remove orders from the systems that
have expired or terminated. Entry into the computer-based criminal
intelligence information system constitutes notice to all law
enforcement agencies of the existence of the order. The order is
fully enforceable in any county in the state.

(M)(1)
The issuing court shall, within three judicial days after issuance of
an extreme risk protection order or ex parte extreme risk protection
order, forward a copy of the respondent's driver's license or state
identification card, or comparable information, along with the date
of the order's issuance, to the sheriff that has issued a concealed
handgun license to the respondent. Upon receipt of the information,
the sheriff shall immediately revoke the respondent's license in
accordance with division (B) of section 2923.128 of the Revised Code.

(2)
The court, if necessary, may apply for access to the law enforcement
automated data system to identify a sheriff that has issued a
concealed handgun license to a respondent. For purposes of this
inquiry, the court is a criminal justice agency.

(N)
If an extreme risk protection order is terminated before its
expiration date, the clerk of the court shall forward the same day a
copy of the termination order to the appropriate law enforcement
agency specified in the termination order. Upon receipt of the order,
the law enforcement agency shall promptly remove the order from any
computer-based system in which it was entered pursuant to division
(L) of this section.

Sec.
2923.29.
(A)
The respondent may submit one written request for a hearing to
terminate an extreme risk protection order issued under sections
2923.26 to 2923.30 of the Revised Code every one-hundred-eighty-day
period that the order is in effect, starting from the date of the
order and continuing through any renewals.

(1)
Upon receipt of the request for a hearing to terminate an extreme
risk protection order, the court shall set a date for a hearing.
Notice of the request shall be served on the petitioner in accordance
with the Rules of Civil Procedure. The hearing shall occur not sooner
than fourteen days and not later than thirty days after the date the
petitioner is served with the request.

(2)
The respondent shall have the burden of proving by a preponderance of
the evidence that the respondent does not pose a significant danger
of causing personal injury to self or others by having custody or
control of a firearm or the ability to purchase, possess, or receive
a firearm. The court may consider any relevant evidence, including
evidence of the considerations listed in division (N)(1) of section
2923.26 of the Revised Code.

(3)
If the court finds after the hearing that the respondent has met the
respondent's burden, the court shall terminate the order.

(B)
The court shall notify the petitioner of the impending expiration of
an extreme risk protection order. Notice shall be received by the
petitioner sixty calendar days before the date the order expires.

(C)
A family or household member of a respondent or a law enforcement
officer or agency may by motion request a renewal of an extreme risk
protection not sooner than sixty calendar days before the expiration
of the order.

(D)
Upon receipt of a motion to renew, the court shall order that a
hearing be held not later than fourteen days from the date of the
request for renewal. The court may schedule a hearing by telephone in
the manner prescribed by division (J)(1) of section 2923.26 of the
Revised Code. The respondent shall be personally served in the same
manner prescribed by divisions (I)(3) and (L) of section 2923.26 of
the Revised Code.

(E)
In determining whether to renew an extreme risk protection order
under this section, the court shall consider all relevant evidence
presented by the petitioner and follow the same procedure as provided
in section 2923.26 of the Revised Code.

If
the court finds by a preponderance of the evidence that the
requirements for issuance of an extreme risk protection order as
provided in section 2923.26 of the Revised Code continue to be met,
the court shall renew the order. However, if, after notice, the
motion for renewal is uncontested and the petitioner seeks no
modification of the order, the order may be renewed on the basis of
the petitioner's motion or affidavit stating that there has been no
material change in relevant circumstances since entry of the order
and stating the reason for the requested renewal.

(F)
The renewal of an extreme risk protection order has a duration of one
hundred eighty days, subject to termination as provided in division
(A) of this section or further renewal by order of the court.

Sec.
2923.30.
(A)
Upon issuance of any extreme risk protection order or ex parte
extreme risk protection order under sections 2923.26 to 2923.30 of
the Revised Code, the court shall order the respondent to surrender
to the local law enforcement agency all firearms in the respondent's
custody, control, or possession and any license to carry a concealed
handgun issued to the respondent under section 2923.125 or 2923.1213
of the Revised Code.

(B)
The law enforcement officer serving any extreme risk protection order
or ex parte extreme risk protection order issued under sections
2923.26 to 2923.30 of the Revised Code shall request that the
respondent immediately surrender all firearms in the respondent's
custody, control, or possession and any license to carry a concealed
handgun issued to the respondent under section 2923.125 or 2923.1213
of the Revised Code, and conduct any search permitted by law for such
firearms.

(C)
The law enforcement officer shall take possession of all firearms
belonging to the respondent that are surrendered, in plain sight, or
discovered pursuant to a lawful search. Alternatively, if personal
service by a law enforcement officer is not possible, or not required
because the respondent was present at the extreme risk protection
order hearing, the respondent shall surrender the firearms in a safe
manner to the control of the local law enforcement agency within
forty-eight hours of being served with the order by alternate service
or within forty-eight hours of the hearing at which the respondent
was present.

(D)
At the time of surrender, a law enforcement officer taking possession
of a firearm or concealed handgun license shall issue a receipt
identifying all firearms that have been surrendered and provide a
copy of the receipt to the respondent. Within seventy-two hours after
service of the order, the officer serving the order shall file the
original receipt with the court and shall ensure that the officer's
law enforcement agency retains a copy of the receipt.

(E)
Upon the sworn statement or testimony of the petitioner or of any law
enforcement officer alleging that the respondent has failed to comply
with the surrender of firearms as required by an order issued under
sections 2923.26 to 2923.30 of the Revised Code, the court shall
determine whether probable cause exists to believe that the
respondent has failed to surrender all firearms in the respondent's
possession, custody, or control. If probable cause exists, the court
shall issue a warrant describing the firearms and authorizing a
search of the locations where the firearms are reasonably believed to
be and the seizure of any firearms discovered pursuant to such
search.

(F)
If a person other than the respondent claims title to any firearm
surrendered pursuant to this section, and the other person is
determined by the law enforcement agency to be the lawful owner of
the firearm, the firearm shall be returned to the other person,
provided that both of the following apply:

(1)
The firearm is removed from the respondent's custody, control, or
possession and the lawful owner agrees to store the firearm in a
manner such that the respondent does not have access to or control of
the firearm.

(2)
The lawful owner is not prohibited from possessing the firearm under
state or federal law.

(G)
Upon the issuance of an extreme risk protection order, the court
shall order a new hearing date and require the respondent to appear
not later than three judicial days from the issuance of the order.
The court shall require a showing that the respondent has surrendered
any firearms in the respondent's custody, control, or possession. The
court may dismiss the hearing upon a satisfactory showing that the
respondent is in compliance with the order.

(H)
All law enforcement agencies shall develop policies and procedures
not later than six months after the effective date of this section
regarding the acceptance, storage, and return of firearms required to
be surrendered under sections 2923.26 to 2923.30 of the Revised Code.

(I)
If an extreme risk protection order is terminated or expires without
renewal or an ex parte extreme risk protection order expires and an
extreme risk protection order is not issued regarding the respondent,
a law enforcement agency holding any firearm that has been
surrendered pursuant to sections 2923.26 to 2923.30 of the Revised
Code shall return any surrendered firearm requested by a respondent
only after confirming, through a background check, that the
respondent is currently eligible to own or possess firearms under
federal and state law and after confirming with the court that the
extreme risk protection order has terminated or has expired without
renewal.

(J)
A law enforcement agency shall, if requested by a family or household
member of a respondent, provide prior notice of the return of a
firearm to a respondent to that family or household member.

(K)
Any firearm surrendered by a respondent pursuant to this section that
remains unclaimed by the lawful owner shall be disposed of in
accordance with the law enforcement agency's policies and procedures
for the disposal of firearms in police custody.

Sec.
2923.99.
(A)
Except as provided in this section, sections 2923.26 to 2923.30 of
the Revised Code do not impose criminal or civil liability on any
person or entity for acts or omissions related to obtaining an
extreme risk protection order or ex parte extreme risk protection
order including for reporting, declining to report, investigating,
declining to investigate, filing, or declining to file a petition
under those sections.

(B)(1)
No person shall do either of the following:

(a)
File a petition for an extreme risk protection order under section
2923.26 of the Revised Code alleging that the respondent poses a
significant danger of causing personal injury to self or others by
having in the respondent's custody or control, purchasing,
possessing, or receiving a firearm if the person knows the allegation
is false;

(b)
File an application for an ex parte extreme risk protection order
under section 2923.27 of the Revised Code alleging that the
respondent poses a significant danger of causing personal injury to
self or others in the near future by having custody or control of a
firearm or the ability to purchase, possess, or receive a firearm if
the person knows the allegation is false.

(2)
An individual injured in person or property by a violation of
division (B)(1)(a) or (b) of this section has, and may recover full
damages in, a civil action under section 2307.60 of the Revised Code.
A civil action described in this division is in addition to, and does
not preclude, any possible criminal prosecution of the person who
violates division (B)(1)(a) or (b) of this section.

(3)
Whoever violates division (B)(1)(a) or (b) of this section is guilty
of a felony of the fifth degree.

(C)(1)
No person shall acquire, have, carry, or use any firearm with
knowledge that the person is prohibited from doing so by an order
issued under this section or sections 2923.26 to 2923.30 of the
Revised Code.

(2)
A person who violates division (C)(1) of this section is guilty of
having a firearm while under extreme risk protection order
disability. Except as provided in division (C)(3) of this section,
having a firearm while under extreme risk protection order disability
is a misdemeanor of the third degree.

(3)
If a person found guilty of having a firearm while under extreme risk
protection order disability has two or more previous convictions for
such an offense, having a firearm while under extreme risk protection
order disability is a felony of the fifth degree.

(D)
In addition to the penalties prescribed in division (C) of this
section, no person found guilty of having a firearm while under
extreme risk protection order disability shall knowingly acquire,
have, carry, or use any firearm or dangerous ordnance for a period of
five years after the date the underlying extreme risk protection
order expires.

Section
2.
That
existing sections 109.57, 2923.125, 2923.128, 2923.1213, and 2923.13
of the Revised Code are hereby repealed.

Section
3.
Sections
2923.26 to 2923.30 and 2923.99 of the Revised Code, as enacted by
this act, shall be known as the "Extreme Risk Protection Order
Act."

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
2923.128 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.