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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 460
2025-2026
Representatives Claggett, Willis
To
amend section 2923.126 of the Revised Code
to
allow members of the General Assembly, statewide elected officials,
judges, and magistrates to carry a concealed handgun in a government
facility of the state or a political subdivision.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 2923.126 of the Revised Code be amended to read as follows:
Sec.
2923.126.
(A)
A concealed handgun license that is issued under section 2923.125 of
the Revised Code shall expire five years after the date of issuance.
A licensee who has been issued a license under that section shall be
granted a grace period of thirty days after the licensee's license
expires during which the licensee's license remains valid. Except as
provided in divisions (B) and (C) of this section, a licensee who has
been issued a concealed handgun license under section 2923.125 or
2923.1213 of the Revised Code may carry a concealed handgun anywhere
in this state if the license is valid when the licensee is in actual
possession of a concealed handgun. The licensee shall give notice of
any change in the licensee's residence address to the sheriff who
issued the license within forty-five days after that change.
(B)
A valid concealed handgun license does not authorize the licensee to
carry a concealed handgun in any manner prohibited under division (B)
of section 2923.12 of the Revised Code or in any manner prohibited
under section 2923.16 of the Revised Code. A valid license does not
authorize the licensee to carry a concealed handgun into any of the
following places:
(1)
A police station, sheriff's office, or state highway patrol station,
premises controlled by the bureau of criminal identification and
investigation; a state correctional institution, jail, workhouse, or
other detention facility; any area of an airport passenger terminal
that is beyond a passenger or property screening checkpoint or to
which access is restricted through security measures by the airport
authority or a public agency; or an institution that is maintained,
operated, managed, and governed pursuant to division (A) of section
5119.14 of the Revised Code or division (A)(1) of section 5123.03 of
the Revised Code;
(2)
A school safety zone if the licensee's carrying the concealed handgun
is in violation of section 2923.122 of the Revised Code;
(3)
A courthouse or another building or structure in which a courtroom is
located if the licensee's carrying the concealed handgun is in
violation of section 2923.123 of the Revised Code;
(4)
Any premises or open air arena for which a D permit has been issued
under Chapter 4303. of the Revised Code if the licensee's carrying
the concealed handgun is in violation of section 2923.121 of the
Revised Code;
(5)
Any premises owned or leased by any public or private college,
university, or other institution of higher education, unless the
handgun is in a locked motor vehicle or the licensee is in the
immediate process of placing the handgun in a locked motor vehicle or
unless the licensee is carrying the concealed handgun pursuant to a
written policy, rule, or other authorization that is adopted by the
institution's board of trustees or other governing body and that
authorizes specific individuals or classes of individuals to carry a
concealed handgun on the premises;
(6)
Any church, synagogue, mosque, or other place of worship, unless the
church, synagogue, mosque, or other place of worship posts or permits
otherwise;
(7)
Any building that is a government facility of this state or a
political subdivision of this state and that is not a building that
is used primarily as a shelter, restroom, parking facility for motor
vehicles, or rest facility and is not a courthouse or other building
or structure in which a courtroom is located that is subject to
division (B)(3) of this section, unless
the
either
of the following applies:
(a)
The
governing
body with authority over the building has enacted a statute,
ordinance, or policy that permits a licensee to carry a concealed
handgun into the building;
(b)
All of the following apply:
(i)
The licensee is a person who has been issued a valid concealed
handgun license under section 2923.125 or 2923.1213 of the Revised
Code and not a person deemed to have been issued a valid concealed
handgun license under section 2923.111 of the Revised Code.
(ii)
The licensee is a member of the general assembly, statewide elected
official, judge, or magistrate and when carrying a concealed handgun
under authority of this division is carrying validating
identification and a valid concealed handgun license.
(8)
A place in which federal law prohibits the carrying of handguns.
(C)(1)
Nothing in this section shall negate or restrict a rule, policy, or
practice of a private employer that is not a private college,
university, or other institution of higher education concerning or
prohibiting the presence of firearms on the private employer's
premises or property, including motor vehicles owned by the private
employer. Nothing in this section shall require a private employer of
that nature to adopt a rule, policy, or practice concerning or
prohibiting the presence of firearms on the private employer's
premises or property, including motor vehicles owned by the private
employer.
(2)(a)
A private employer shall be immune from liability in a civil action
for any injury, death, or loss to person or property that allegedly
was caused by or related to a licensee bringing a handgun onto the
premises or property of the private employer, including motor
vehicles owned by the private employer, unless the private employer
acted with malicious purpose. A private employer is immune from
liability in a civil action for any injury, death, or loss to person
or property that allegedly was caused by or related to the private
employer's decision to permit a licensee to bring, or prohibit a
licensee from bringing, a handgun onto the premises or property of
the private employer.
(b)
A political subdivision shall be immune from liability in a civil
action, to the extent and in the manner provided in Chapter 2744. of
the Revised Code, for any injury, death, or loss to person or
property that allegedly was caused by or related to a licensee
bringing a handgun onto any premises or property owned, leased, or
otherwise under the control of the political subdivision. As used in
this division, "political subdivision" has the same meaning
as in section 2744.01 of the Revised Code.
(c)
An institution of higher education shall be immune from liability in
a civil action for any injury, death, or loss to person or property
that allegedly was caused by or related to a licensee bringing a
handgun onto the premises of the institution, including motor
vehicles owned by the institution, unless the institution acted with
malicious purpose. An institution of higher education is immune from
liability in a civil action for any injury, death, or loss to person
or property that allegedly was caused by or related to the
institution's decision to permit a licensee or class of licensees to
bring a handgun onto the premises of the institution.
(d)
A nonprofit corporation shall be immune from liability in a civil
action for any injury, death, or loss to person or property that
allegedly was caused by or related to a licensee bringing a handgun
onto the premises of the nonprofit corporation, including any motor
vehicle owned by the nonprofit corporation, or to any event organized
by the nonprofit corporation, unless the nonprofit corporation acted
with malicious purpose. A nonprofit corporation is immune from
liability in a civil action for any injury, death, or loss to person
or property that allegedly was caused by or related to the nonprofit
corporation's decision to permit a licensee to bring a handgun onto
the premises of the nonprofit corporation or to any event organized
by the nonprofit corporation. The immunities described in this
division apply to an entity that leases its property to the nonprofit
corporation or permits its property to be used by the nonprofit
corporation for any purpose.
(3)(a)
Except as provided in division (C)(3)(b) of this section and section
2923.1214 of the Revised Code, the owner or person in control of
private land or premises, and a private person or entity leasing land
or premises owned by the state, the United States, or a political
subdivision of the state or the United States, may post a sign in a
conspicuous location on that land or on those premises prohibiting
persons from carrying firearms or concealed firearms on or onto that
land or those premises. Except as otherwise provided in this
division, a person who knowingly violates a posted prohibition of
that nature is guilty of criminal trespass in violation of division
(A)(4) of section 2911.21 of the Revised Code and is guilty of a
misdemeanor of the fourth degree. If a person knowingly violates a
posted prohibition of that nature and the posted land or premises
primarily was a parking lot or other parking facility, the person is
not guilty of criminal trespass under section 2911.21 of the Revised
Code or under any other criminal law of this state or criminal law,
ordinance, or resolution of a political subdivision of this state,
and instead is subject only to a civil cause of action for trespass
based on the violation.
If
a person knowingly violates a posted prohibition of the nature
described in this division and the posted land or premises is a child
care center, type A family child care home, or type B family child
care home, unless the person is a licensee who resides in a type A
family child care home or type B family child care home, the person
is guilty of aggravated trespass in violation of section 2911.211 of
the Revised Code. Except as otherwise provided in this division, the
offender is guilty of a misdemeanor of the first degree. If the
person previously has been convicted of a violation of this division
or of any offense of violence, if the weapon involved is a firearm
that is either loaded or for which the offender has ammunition ready
at hand, or if the weapon involved is dangerous ordnance, the
offender is guilty of a felony of the fourth degree.
(b)
A landlord may not prohibit or restrict a tenant who is a licensee
and who on or after September 9, 2008, enters into a rental agreement
with the landlord for the use of residential premises, and the
tenant's guest while the tenant is present, from lawfully carrying or
possessing a handgun on those residential premises.
(c)
As used in division (C)(3) of this section:
(i)
"Residential premises" has the same meaning as in section
5321.01 of the Revised Code, except "residential premises"
does not include a dwelling unit that is owned or operated by a
college or university.
(ii)
"Landlord," "tenant," and "rental agreement"
have the same meanings as in section 5321.01 of the Revised Code.
(D)
A person who holds a valid concealed handgun license issued by
another state that is recognized by the attorney general pursuant to
a reciprocity agreement entered into pursuant to section 109.69 of
the Revised Code or a person who holds a valid concealed handgun
license under the circumstances described in division (B) of section
109.69 of the Revised Code has the same right to carry a concealed
handgun in this state as a person who was issued a concealed handgun
license under section 2923.125 of the Revised Code and is subject to
the same restrictions that apply to a person who has been issued a
license under that section that is valid at the time in question.
(E)(1)
A peace officer has the same right to carry a concealed handgun in
this state as a person who was issued a concealed handgun license
under section 2923.125 of the Revised Code, provided that the officer
when carrying a concealed handgun under authority of this division is
carrying validating identification. For purposes of reciprocity with
other states, a peace officer shall be considered to be a licensee in
this state.
(2)
An active duty member of the armed forces of the United States who is
carrying a valid military identification card and documentation of
successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code has the same right to carry a concealed
handgun in this state as a person who was issued a concealed handgun
license under section 2923.125 of the Revised Code and is subject to
the same restrictions as specified in this section.
(3)
A tactical medical professional who is qualified to carry firearms
while on duty under section 109.771 of the Revised Code has the same
right to carry a concealed handgun in this state as a person who was
issued a concealed handgun license under section 2923.125 of the
Revised Code.
(4)
A fire investigator who is qualified to carry firearms while on duty
under section 109.774 of the Revised Code has the same right to carry
a concealed handgun in this state as a person who was issued a
concealed handgun license under section 2923.125 of the Revised Code.
(F)(1)
A qualified retired peace officer who possesses a retired peace
officer identification card issued pursuant to division (F)(2) of
this section and a valid firearms requalification certification
issued pursuant to division (F)(3) of this section has the same right
to carry a concealed handgun in this state as a person who was issued
a concealed handgun license under section 2923.125 of the Revised
Code and is subject to the same restrictions that apply to a person
who has been issued a license issued under that section that is valid
at the time in question. For purposes of reciprocity with other
states, a qualified retired peace officer who possesses a retired
peace officer identification card issued pursuant to division (F)(2)
of this section and a valid firearms requalification certification
issued pursuant to division (F)(3) of this section shall be
considered to be a licensee in this state.
(2)(a)
Each public agency of this state or of a political subdivision of
this state that is served by one or more peace officers shall issue a
retired peace officer identification card to any person who retired
from service as a peace officer with that agency, if the issuance is
in accordance with the agency's policies and procedures and if the
person, with respect to the person's service with that agency,
satisfies all of the following:
(i)
The person retired in good standing from service as a peace officer
with the public agency, and the retirement was not for reasons of
mental instability.
(ii)
Before retiring from service as a peace officer with that agency, the
person was authorized to engage in or supervise the prevention,
detection, investigation, or prosecution of, or the incarceration of
any person for, any violation of law and the person had statutory
powers of arrest.
(iii)
At the time of the person's retirement as a peace officer with that
agency, the person was trained and qualified to carry firearms in the
performance of the peace officer's duties.
(iv)
Before retiring from service as a peace officer with that agency, the
person was regularly employed as a peace officer for an aggregate of
fifteen years or more, or, in the alternative, the person retired
from service as a peace officer with that agency, after completing
any applicable probationary period of that service, due to a
service-connected disability, as determined by the agency.
(b)
A retired peace officer identification card issued to a person under
division (F)(2)(a) of this section shall identify the person by name,
contain a photograph of the person, identify the public agency of
this state or of the political subdivision of this state from which
the person retired as a peace officer and that is issuing the
identification card, and specify that the person retired in good
standing from service as a peace officer with the issuing public
agency and satisfies the criteria set forth in divisions (F)(2)(a)(i)
to (iv) of this section. In addition to the required content
specified in this division, a retired peace officer identification
card issued to a person under division (F)(2)(a) of this section may
include the firearms requalification certification described in
division (F)(3) of this section, and if the identification card
includes that certification, the identification card shall serve as
the firearms requalification certification for the retired peace
officer. If the issuing public agency issues credentials to active
law enforcement officers who serve the agency, the agency may comply
with division (F)(2)(a) of this section by issuing the same
credentials to persons who retired from service as a peace officer
with the agency and who satisfy the criteria set forth in divisions
(F)(2)(a)(i) to (iv) of this section, provided that the credentials
so issued to retired peace officers are stamped with the word
"RETIRED."
(c)
A public agency of this state or of a political subdivision of this
state may charge persons who retired from service as a peace officer
with the agency a reasonable fee for issuing to the person a retired
peace officer identification card pursuant to division (F)(2)(a) of
this section.
(3)
If a person retired from service as a peace officer with a public
agency of this state or of a political subdivision of this state and
the person satisfies the criteria set forth in divisions (F)(2)(a)(i)
to (iv) of this section, the public agency may provide the retired
peace officer with the opportunity to attend a firearms
requalification program that is approved for purposes of firearms
requalification required under section 109.801 of the Revised Code.
The retired peace officer may be required to pay the cost of the
course.
If
a retired peace officer who satisfies the criteria set forth in
divisions (F)(2)(a)(i) to (iv) of this section attends a firearms
requalification program that is approved for purposes of firearms
requalification required under section 109.801 of the Revised Code,
the retired peace officer's successful completion of the firearms
requalification program requalifies the retired peace officer for
purposes of division (F) of this section for five years from the date
on which the program was successfully completed, and the
requalification is valid during that five-year period. If a retired
peace officer who satisfies the criteria set forth in divisions
(F)(2)(a)(i) to (iv) of this section satisfactorily completes such a
firearms requalification program, the retired peace officer shall be
issued a firearms requalification certification that identifies the
retired peace officer by name, identifies the entity that taught the
program, specifies that the retired peace officer successfully
completed the program, specifies the date on which the course was
successfully completed, and specifies that the requalification is
valid for five years from that date of successful completion. The
firearms requalification certification for a retired peace officer
may be included in the retired peace officer identification card
issued to the retired peace officer under division (F)(2) of this
section.
A
retired peace officer who attends a firearms requalification program
that is approved for purposes of firearms requalification required
under section 109.801 of the Revised Code may be required to pay the
cost of the program.
(G)
As used in this section:
(1)
"Qualified retired peace officer" means a person who
satisfies all of the following:
(a)
The person satisfies the criteria set forth in divisions (F)(2)(a)(i)
to
(v)
(iv)
of this section.
(b)
The person is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance.
(c)
The person is not prohibited by federal law from receiving firearms.
(2)
"Retired peace officer identification card" means an
identification card that is issued pursuant to division (F)(2) of
this section to a person who is a retired peace officer.
(3)
"Government facility of this state or a political subdivision of
this state" means any of the following:
(a)
A building or part of a building that is owned or leased by the
government of this state or a political subdivision of this state and
where employees of the government of this state or the political
subdivision regularly are present for the purpose of performing their
official duties as employees of the state or political subdivision;
(b)
The office of a deputy registrar serving pursuant to Chapter 4503. of
the Revised Code that is used to perform deputy registrar functions.
(4)
"Governing body" has the same meaning as in section 154.01
of the Revised Code.
(5)
"Tactical medical professional" has the same meaning as in
section 109.71 of the Revised Code.
(6)
"Validating identification" means
photographic
one
of the following:
(a)
Photographic
identification
issued by the agency for which an individual serves as a peace
officer that identifies the individual as a peace officer of the
agency
;
(b)
Photographic identification issued by the facility in which the
individual serves in the individual's capacity as a member of the
general assembly, a statewide elected official, judge, or magistrate
that identifies the individual as a member of the general assembly, a
statewide elected official, judge, or magistrate
.
(7)
"Nonprofit corporation" means any private organization that
is exempt from federal income taxation pursuant to subsection 501(a)
and described in subsection 501(c) of the Internal Revenue Code.
(8)
"Fire investigator" has the same meaning as in section
109.71 of the Revised Code.
Section
2.
That
existing section 2923.126 of the Revised Code is hereby repealed.
Section
3.
Section
2923.126 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 33, H.B. 452, and S.B. 98 all of
the 135th General Assembly. 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 composite is the resulting
version of the section in effect prior to the effective date of the
section as presented in this act.