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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 68
2025-2026
Representatives Mathews, A., Pizzulli
A
BILL
To
amend
sections
2923.123
and 2923.14
of the Revised Code
to
allow a concealed handgun licensee to carry a handgun in a building
or structure that is not a courthouse but in which a courtroom is
located in specified circumstances and to permit a nonresident of
Ohio to obtain statutory relief from firearms disability based on an
Ohio conviction, guilty plea, or delinquent child adjudication.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
2923.123
and 2923.14
of the Revised Code be amended to read as follows:
Sec.
2923.123.
(A)
No person shall knowingly convey or attempt to convey a deadly weapon
or dangerous ordnance into a courthouse or into another building or
structure in which a courtroom is located.
(B)
No person shall knowingly possess or have under the person's control
a deadly weapon or dangerous ordnance in a courthouse or in another
building or structure in which a courtroom is located.
(C)
This section does not apply to any of the following:
(1)
Except as provided in division (E) of this section, a judge of a
court of record of this state or a magistrate;
(2)
A peace officer, officer of a law enforcement agency, or person who
is in either of the following categories:
(a)
Except as provided in division (E) of this section, a peace officer,
or an officer of a law enforcement agency of another state, a
political subdivision of another state, or the United States, who is
authorized to carry a deadly weapon or dangerous ordnance, who
possesses or has under that individual's control a deadly weapon or
dangerous ordnance as a requirement of that individual's duties, and
who is acting within the scope of that individual's duties at the
time of that possession or control;
(b)
Except as provided in division (E) of this section, a person who is
employed in this state, who is authorized to carry a deadly weapon or
dangerous ordnance, who possesses or has under that individual's
control a deadly weapon or dangerous ordnance as a requirement of
that person's duties, and who is subject to and in compliance with
the requirements of section 109.801 of the Revised Code, unless the
appointing authority of the person has expressly specified that the
exemption provided in division (C)(2)(b) of this section does not
apply to the person.
(3)
A person who conveys, attempts to convey, possesses, or has under the
person's control a deadly weapon or dangerous ordnance that is to be
used as evidence in a pending criminal or civil action or proceeding;
(4)
Except as provided in division (E) of this section, a bailiff or
deputy bailiff of a court of record of this state who is authorized
to carry a firearm pursuant to section 109.77 of the Revised Code,
who possesses or has under that individual's control a firearm as a
requirement of that individual's duties, and who is acting within the
scope of that individual's duties at the time of that possession or
control;
(5)
Except as provided in division (E) of this section, a prosecutor, or
a secret service officer appointed by a county prosecuting attorney,
who is authorized to carry a deadly weapon or dangerous ordnance in
the performance of the individual's duties, who possesses or has
under that individual's control a deadly weapon or dangerous ordnance
as a requirement of that individual's duties, and who is acting
within the scope of that individual's duties at the time of that
possession or control;
(6)
Except as provided in
division
divisions
(C)(7) and
(E)
of this section, a person who conveys or attempts to convey a handgun
into a courthouse or into another building or structure in which a
courtroom is located, if the person has been issued a concealed
handgun license that is valid at the time of the conveyance or
attempt or, at the time of the conveyance or attempt, the person is
an active duty member of the armed forces of the United States and is
carrying a valid military identification card and documentation of
successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code, and if in either case the person
transfers possession of the handgun to the officer or officer's
designee who has charge of the courthouse or building. The officer
shall secure the handgun until the licensee is prepared to leave the
premises. The exemption described in this division applies only if
the officer who has charge of the courthouse or building provides
services of the nature described in this division. An officer who has
charge of the courthouse or building is not required to offer
services of the nature described in this division.
(7)
A person who conveys or attempts to convey a handgun into a building
or structure in which a courtroom is located or possesses or has
under the person's control a handgun in a building or structure in
which a courtroom is located, if the person has been issued a
concealed handgun license that is valid at the time of the
conveyance, attempted conveyance, possession, or control if all of
the following apply:
(a)
The building or structure in which the courtroom is located is not a
courthouse.
(b)
The building or structure in which the courtroom is located is a
government facility of this state or a political subdivision of this
state.
(c)
The court and the office of the clerk of the court are not in
operation at the time of the conveyance, possession, or control.
(d)
The governing body with authority over the building or structure in
which the courtroom is located has enacted a statute, ordinance, or
policy that permits a concealed handgun licensee to convey, possess,
or control a handgun into the building or structure in which the
courtroom in located.
(D)(1)
Whoever violates division (A) of this section is guilty of illegal
conveyance of a deadly weapon or dangerous ordnance into a
courthouse. Except as otherwise provided in this division, illegal
conveyance of a deadly weapon or dangerous ordnance into a courthouse
is a felony of the fifth degree. If the offender previously has been
convicted of a violation of division (A) or (B) of this section,
illegal conveyance of a deadly weapon or dangerous ordnance into a
courthouse is a felony of the fourth degree.
(2)
Whoever violates division (B) of this section is guilty of illegal
possession or control of a deadly weapon or dangerous ordnance in a
courthouse. Except as otherwise provided in this division, illegal
possession or control of a deadly weapon or dangerous ordnance in a
courthouse is a felony of the fifth degree. If the offender
previously has been convicted of a violation of division (A) or (B)
of this section, illegal possession or control of a deadly weapon or
dangerous ordnance in a courthouse is a felony of the fourth degree.
(E)
The exemptions described in divisions (C)(1), (2)(a), (2)(b), (4),
(5), and (6) of this section do not apply to any judge, magistrate,
peace officer, officer of a law enforcement agency, bailiff, deputy
bailiff, prosecutor, secret service officer, or other person
described in any of those divisions if a rule of superintendence or
another type of rule adopted by the supreme court pursuant to Article
IV, Ohio Constitution, or an applicable local rule of court prohibits
all persons from conveying or attempting to convey a deadly weapon or
dangerous ordnance into a courthouse or into another building or
structure in which a courtroom is located or from possessing or
having under one's control a deadly weapon or dangerous ordnance in a
courthouse or in another building or structure in which a courtroom
is located.
(F)
As used in this section:
(1)
"Governing
body" has the same meaning as in section 154.01 of the Revised
Code.
(2)
"Government facility of the state or a political subdivision of
this state" has the same meaning as in section 2923.126 of the
Revised Code.
(3)
"Magistrate"
means an individual who is appointed by a court of record of this
state and who has the powers and may perform the functions specified
in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40.
(2)
(4)
"Peace
officer" and "prosecutor" have the same meanings as in
section 2935.01 of the Revised Code.
Sec.
2923.14.
(A)(1)
Except as otherwise provided in division (A)(2) of this section, any
person who is prohibited from acquiring, having, carrying, or using
firearms may apply to the court of common pleas
in
the county in which the person resides
specified
in this division
for
relief from such prohibition.
An application for relief from the prohibition shall be filed in the
court of common pleas of the county in which the person resides or,
if the person is not a resident of this state and the prohibition is
based on an indictment, a conviction of or plea of guilty to an
offense, or a delinquent child adjudication, in the county in which
the indictment was entered or in which the conviction, guilty plea,
or adjudication occurred.
(2)
Division (A)(1) of this section does not apply to a person who has
been convicted of or pleaded guilty to a violation of section
2923.132 of the Revised Code or to a person who, two or more times,
has been convicted of or pleaded guilty to a felony and a
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146, 2941.1412, or 2941.1424 of the Revised Code.
(B)
The application shall recite the following:
(1)
All indictments, convictions
or guilty pleas
,
or adjudications upon which the applicant's disability is based, the
sentence imposed and served, and any release granted under a
community control sanction, post-release control sanction, or parole,
any partial or conditional pardon granted, or other disposition of
each case, or, if the disability is based upon a factor other than an
indictment, a conviction
or guilty plea
,
or an adjudication, the factor upon which the disability is based and
all details related to that factor;
(2)
Facts showing the applicant to be a fit subject for relief under this
section.
(C)
A copy of the application shall be served on the county prosecutor.
The county prosecutor shall cause the matter to be investigated and
shall raise before the court any objections to granting relief that
the investigation reveals.
(D)
Upon hearing, the court may grant the applicant relief pursuant to
this section, if all of the following apply:
(1)
One of the following applies:
(a)
If the disability is based upon an indictment, a conviction
or guilty plea
,
or an adjudication, the applicant has been fully discharged from
imprisonment, community control, post-release control, and parole,
or, if the applicant is under indictment, has been released on bail
or recognizance.
(b)
If the disability is based upon a factor other than an indictment, a
conviction
or guilty plea
,
or an adjudication, that factor no longer is applicable to the
applicant.
(2)
The applicant has led a law-abiding life since discharge or release,
and appears likely to continue to do so.
(3)
The applicant is not otherwise prohibited by law from acquiring,
having, or using firearms.
(E)
Costs of the proceeding shall be charged as in other civil cases, and
taxed to the applicant.
(F)
Relief from disability granted pursuant to this section restores the
applicant to all civil firearm rights to the full extent enjoyed by
any citizen, and is subject to the following conditions:
(1)
Applies only with respect to indictments, convictions
or guilty pleas
,
or adjudications, or to the other factor, recited in the application
as the basis for the applicant's disability;
(2)
Applies only with respect to firearms lawfully acquired, possessed,
carried, or used by the applicant;
(3)
May be revoked by the court at any time for good cause shown and upon
notice to the applicant;
(4)
Is automatically void upon commission by the applicant of any offense
set forth in division (A)(2) or (3) of section 2923.13 of the Revised
Code, or upon the applicant's becoming one of the class of persons
named in division (A)(1), (4), or (5) of that section.
(G)
As used in this section:
(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2)
"Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.
Section
2.
That
existing
sections
2923.123
and 2923.14
of the Revised Code
are
hereby
repealed.