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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 236
2025-2026
Senators Craig, Hicks-Hudson
Cosponsors: Senators DeMora, Smith,
Liston
A
BILL
To
amend sections 149.43, 2923.11, 2923.125, 2923.128, and 2923.20 and
to enact sections 2923.133, 2923.22, 2923.221, and 4731.058 of the
Revised Code
to
enact the Suicide Self-Defense Act, relative to the creation of a do
not possess firearms registry.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 149.43, 2923.11, 2923.125, 2923.128, and 2923.20 be amended
and sections 2923.133, 2923.22, 2923.221, and 4731.058 of the Revised
Code be enacted to read as follows:
Sec.
149.43.
(A)
As used in this section:
(1)
"Public record" means records kept by any public office,
including, but not limited to, state, county, city, village,
township, and school district units, and records pertaining to the
delivery of educational services by an alternative school in this
state kept by the nonprofit or for-profit entity operating the
alternative school pursuant to section 3313.533 of the Revised Code.
"Public record" does not mean any of the following:
(a)
Medical records;
(b)
Records pertaining to probation and parole proceedings, to
proceedings related to the imposition of community control sanctions
and post-release control sanctions, or to proceedings related to
determinations under section 2967.271 of the Revised Code regarding
the release or maintained incarceration of an offender to whom that
section applies;
(c)
Records pertaining to actions under section 2151.85 and division (C)
of section 2919.121 of the Revised Code and to appeals of actions
arising under those sections;
(d)
Records pertaining to adoption proceedings, including the contents of
an adoption file maintained by the department of health under
sections 3705.12 to 3705.124 of the Revised Code;
(e)
Information in a record contained in the putative father registry
established by section 3107.062 of the Revised Code, regardless of
whether the information is held by the department of job and family
services or, pursuant to section 3111.69 of the Revised Code, the
office of child support in the department or a child support
enforcement agency;
(f)
Records specified in division (A) of section 3107.52 of the Revised
Code;
(g)
Trial preparation records;
(h)
Confidential law enforcement investigatory records;
(i)
Records containing information that is confidential under section
2710.03 or 4112.05 of the Revised Code;
(j)
DNA records stored in the DNA database pursuant to section 109.573 of
the Revised Code;
(k)
Inmate records released by the department of rehabilitation and
correction to the department of youth services or a court of record
pursuant to division (E) of section 5120.21 of the Revised Code;
(l)
Records maintained by the department of youth services pertaining to
children in its custody released by the department of youth services
to the department of rehabilitation and correction pursuant to
section 5139.05 of the Revised Code;
(m)
Intellectual property records;
(n)
Donor profile records;
(o)
Records maintained by the department of job and family services
pursuant to section 3121.894 of the Revised Code;
(p)
Designated public service worker residential and familial
information;
(q)
In the case of a county hospital operated pursuant to Chapter 339. of
the Revised Code or a municipal hospital operated pursuant to Chapter
749. of the Revised Code, information that constitutes a trade
secret, as defined in section 1333.61 of the Revised Code;
(r)
Information pertaining to the recreational activities of a person
under the age of eighteen;
(s)
In the case of a child fatality review board acting under sections
307.621 to 307.629 of the Revised Code or a review conducted pursuant
to guidelines established by the director of health under section
3701.70 of the Revised Code, records provided to the board or
director, statements made by board members during meetings of the
board or by persons participating in the director's review, and all
work products of the board or director, and in the case of a child
fatality review board, child fatality review data submitted by the
board to the department of health or a national child death review
database, other than the report prepared pursuant to division (A) of
section 307.626 of the Revised Code;
(t)
Records provided to and statements made by the executive director of
a public children services agency or a prosecuting attorney acting
pursuant to section 5153.171 of the Revised Code other than the
information released under that section;
(u)
Test materials, examinations, or evaluation tools used in an
examination for licensure as a nursing home administrator that the
board of executives of long-term services and supports administers
under section 4751.15 of the Revised Code or contracts under that
section with a private or government entity to administer;
(v)
Records the release of which is prohibited by state or federal law;
(w)
Proprietary information of or relating to any person that is
submitted to or compiled by the Ohio venture capital authority
created under section 150.01 of the Revised Code;
(x)
Financial statements and data any person submits for any purpose to
the Ohio housing finance agency or the controlling board in
connection with applying for, receiving, or accounting for financial
assistance from the agency, and information that identifies any
individual who benefits directly or indirectly from financial
assistance from the agency;
(y)
Records listed in section 5101.29 of the Revised Code;
(z)
Discharges recorded with a county recorder under section 317.24 of
the Revised Code, as specified in division (B)(2) of that section;
(aa)
Usage information including names and addresses of specific
residential and commercial customers of a municipally owned or
operated public utility;
(bb)
Records described in division (C) of section 187.04 of the Revised
Code that are not designated to be made available to the public as
provided in that division;
(cc)
Information and records that are made confidential, privileged, and
not subject to disclosure under divisions (B) and (C) of section
2949.221 of the Revised Code;
(dd)
Personal information, as defined in section 149.45 of the Revised
Code;
(ee)
The confidential name, address, and other personally identifiable
information of a program participant in the address confidentiality
program established under sections 111.41 to 111.47 of the Revised
Code, including the contents of any application for absent voter's
ballots, absent voter's ballot identification envelope statement of
voter, or provisional ballot affirmation completed by a program
participant who has a confidential voter registration record; records
or portions of records pertaining to that program that identify the
number of program participants that reside within a precinct, ward,
township, municipal corporation, county, or any other geographic area
smaller than the state; and any real property confidentiality notice
filed under section 111.431 of the Revised Code and the information
described in division (C) of that section. As used in this division,
"confidential address" and "program participant"
have the meaning defined in section 111.41 of the Revised Code.
(ff)
Orders for active military service of an individual serving or with
previous service in the armed forces of the United States, including
a reserve component, or the Ohio organized militia, except that, such
order becomes a public record on the day that is fifteen years after
the published date or effective date of the call to order;
(gg)
The name, address, contact information, or other personal information
of an individual who is less than eighteen years of age that is
included in any record related to a traffic accident involving a
school vehicle in which the individual was an occupant at the time of
the accident;
(hh)
Protected health information, as defined in 45 C.F.R. 160.103, that
is in a claim for payment for a health care product, service, or
procedure, as well as any other health claims data in another
document that reveals the identity of an individual who is the
subject of the data or could be used to reveal that individual's
identity;
(ii)
Any depiction by photograph, film, videotape, or printed or digital
image under either of the following circumstances:
(i)
The depiction is that of a victim of an offense the release of which
would be, to a reasonable person of ordinary sensibilities, an
offensive and objectionable intrusion into the victim's expectation
of bodily privacy and integrity.
(ii)
The depiction captures or depicts the victim of a sexually oriented
offense, as defined in section 2950.01 of the Revised Code, at the
actual occurrence of that offense.
(jj)
Restricted portions of a body-worn camera or dashboard camera
recording;
(kk)
In the case of a fetal-infant mortality review board acting under
sections 3707.70 to 3707.77 of the Revised Code, records, documents,
reports, or other information presented to the board or a person
abstracting such materials on the board's behalf, statements made by
review board members during board meetings, all work products of the
board, and data submitted by the board to the department of health or
a national infant death review database, other than the report
prepared pursuant to section 3707.77 of the Revised Code.
(ll)
Records, documents, reports, or other information presented to the
pregnancy-associated mortality review board established under section
3738.01 of the Revised Code, statements made by board members during
board meetings, all work products of the board, and data submitted by
the board to the department of health, other than the biennial
reports prepared under section 3738.08 of the Revised Code;
(mm)
Except as otherwise provided in division (A)(1)(oo) of this section,
telephone numbers for a victim, as defined in section 2930.01 of the
Revised Code or a witness to a crime that are listed on any law
enforcement record or report.
(nn)
A preneed funeral contract, as defined in section 4717.01 of the
Revised Code, and contract terms and personally identifying
information of a preneed funeral contract, that is contained in a
report submitted by or for a funeral home to the board of embalmers
and funeral directors under division (C) of section 4717.13, division
(J) of section 4717.31, or section 4717.41 of the Revised Code.
(oo)
Telephone numbers for a party to a motor vehicle accident subject to
the requirements of section 5502.11 of the Revised Code that are
listed on any law enforcement record or report, except that the
telephone numbers described in this division are not excluded from
the definition of "public record" under this division on
and after the thirtieth day after the occurrence of the motor vehicle
accident.
(pp)
Records pertaining to individuals who complete training under section
5502.703 of the Revised Code to be permitted by a school district
board of education or governing body of a community school
established under Chapter 3314. of the Revised Code, a STEM school
established under Chapter 3326. of the Revised Code, or a chartered
nonpublic school to convey deadly weapons or dangerous ordnance into
a school safety zone;
(qq)
Records, documents, reports, or other information presented to a
domestic violence fatality review board established under section
307.651 of the Revised Code, statements made by board members during
board meetings, all work products of the board, and data submitted by
the board to the department of health, other than a report prepared
pursuant to section 307.656 of the Revised Code;
(rr)
Records, documents, and information the release of which is
prohibited under sections 2930.04 and 2930.07 of the Revised Code;
(ss)
Records of an existing qualified nonprofit corporation that creates a
special improvement district under Chapter 1710. of the Revised Code
that do not pertain to a purpose for which the district is created;
(tt)
Educational support services data, as defined in section 3319.325 of
the Revised Code;
(uu)
Records of the past, current, and future work schedule of a
designated public service worker. As used in division (A)(1)(uu) of
this section, "work schedule" does not include the docket
of cases of a court, judge, or magistrate;
(vv)
A request form or confirmation letter submitted to a public office
under section 149.45 of the Revised Code;
(ww)
An affidavit or confirmation letter submitted under section 319.28 of
the Revised Code;
(xx)
License or certificate application or renewal responses and
supporting documentation submitted to the state medical board
regarding an applicant's, or a license or certificate holder's,
inability to practice according to acceptable and prevailing
standards of care by reason of a medical condition
;
(yy)
An application for a request to be enrolled in or removed from the do
not possess firearms registry created under section 2923.22 of the
Revised Code and any other personal identifying information contained
in or related to the registry
.
A
record that is not a public record under division (A)(1) of this
section and that, under law, is permanently retained becomes a public
record on the day that is seventy-five years after the day on which
the record was created, or in the case of a record that is not a
public record under division (A)(1)(uu) of this section that is
retained, three years after the day on which the record was created,
except for any record protected by the attorney-client privilege, a
trial preparation record as defined in this section, a statement
prohibiting the release of identifying information signed under
section 3107.083 of the Revised Code, a denial of release form filed
pursuant to section 3107.46 of the Revised Code, or any record that
is exempt from release or disclosure under section 149.433 of the
Revised Code. If the record is a birth certificate and a biological
parent's name redaction request form has been accepted under section
3107.391 of the Revised Code, the name of that parent shall be
redacted from the birth certificate before it is released under this
paragraph. If any other section of the Revised Code establishes a
time period for disclosure of a record that conflicts with the time
period specified in this section, the time period in the other
section prevails.
(2)
"Confidential law enforcement investigatory record" means
any record that pertains to a law enforcement matter of a criminal,
quasi-criminal, civil, or administrative nature, but only to the
extent that the release of the record would create a high probability
of disclosure of any of the following:
(a)
The identity of a suspect who has not been charged with the offense
to which the record pertains, or of an information source or witness
to whom confidentiality has been reasonably promised;
(b)
Information provided by an information source or witness to whom
confidentiality has been reasonably promised, which information would
reasonably tend to disclose the source's or witness's identity;
(c)
Specific confidential investigatory techniques or procedures or
specific investigatory work product;
(d)
Information that would endanger the life or physical safety of law
enforcement personnel, a crime victim, a witness, or a confidential
information source.
(3)
"Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that is
generated and maintained in the process of medical treatment.
(4)
"Trial preparation record" means any record that contains
information that is specifically compiled in reasonable anticipation
of, or in defense of, a civil or criminal action or proceeding,
including the independent thought processes and personal trial
preparation of an attorney.
(5)
"Intellectual property record" means a record, other than a
financial or administrative record, that is produced or collected by
or for faculty or staff of a state institution of higher learning in
the conduct of or as a result of study or research on an educational,
commercial, scientific, artistic, technical, or scholarly issue,
regardless of whether the study or research was sponsored by the
institution alone or in conjunction with a governmental body or
private concern, and that has not been publicly released, published,
or patented.
(6)
"Donor profile record" means all records about donors or
potential donors to a public institution of higher education except
the names and reported addresses of the actual donors and the date,
amount, and conditions of the actual donation.
(7)
"Designated public service worker" means a peace officer,
parole officer, probation officer, bailiff, prosecuting attorney,
assistant prosecuting attorney, correctional employee, county or
multicounty corrections officer, community-based correctional
facility employee, designated Ohio national guard member, protective
services worker, youth services employee, firefighter, EMT, medical
director or member of a cooperating physician advisory board of an
emergency medical service organization, state board of pharmacy
employee, investigator of the bureau of criminal identification and
investigation, emergency service telecommunicator, forensic mental
health provider, mental health evaluation provider, regional
psychiatric hospital employee, judge, magistrate, or federal law
enforcement officer.
(8)
"Designated public service worker residential and familial
information" means any information that discloses any of the
following about a designated public service worker:
(a)
The address of the actual personal residence of a designated public
service worker, except for the following information:
(i)
The address of the actual personal residence of a prosecuting
attorney or judge; and
(ii)
The state or political subdivision in which a designated public
service worker resides.
(b)
Information compiled from referral to or participation in an employee
assistance program;
(c)
The social security number, the residential telephone number, any
bank account, debit card, charge card, or credit card number, or the
emergency telephone number of, or any medical information pertaining
to, a designated public service worker;
(d)
The name of any beneficiary of employment benefits, including, but
not limited to, life insurance benefits, provided to a designated
public service worker by the designated public service worker's
employer;
(e)
The identity and amount of any charitable or employment benefit
deduction made by the designated public service worker's employer
from the designated public service worker's compensation, unless the
amount of the deduction is required by state or federal law;
(f)
The name, the residential address, the name of the employer, the
address of the employer, the social security number, the residential
telephone number, any bank account, debit card, charge card, or
credit card number, or the emergency telephone number of the spouse,
a former spouse, or any child of a designated public service worker;
(g)
A photograph of a peace officer who holds a position or has an
assignment that may include undercover or plain clothes positions or
assignments as determined by the peace officer's appointing
authority.
(9)
As used in divisions (A)(7) and (15) to (17) of this section:
"Peace
officer" has the meaning defined in section 109.71 of the
Revised Code and also includes the superintendent and troopers of the
state highway patrol; it does not include the sheriff of a county or
a supervisory employee who, in the absence of the sheriff, is
authorized to stand in for, exercise the authority of, and perform
the duties of the sheriff.
"Correctional
employee" means any employee of the department of rehabilitation
and correction who in the course of performing the employee's job
duties has or has had contact with inmates and persons under
supervision.
"County
or multicounty corrections officer" means any corrections
officer employed by any county or multicounty correctional facility.
"Designated
Ohio national guard member" means a member of the Ohio national
guard who is participating in duties related to remotely piloted
aircraft, including, but not limited to, pilots, sensor operators,
and mission intelligence personnel, duties related to special forces
operations, or duties related to cybersecurity, and is designated by
the adjutant general as a designated public service worker for those
purposes.
"Protective
services worker" means any employee of a county agency who is
responsible for child protective services, child support services, or
adult protective services.
"Youth
services employee" means any employee of the department of youth
services who in the course of performing the employee's job duties
has or has had contact with children committed to the custody of the
department of youth services.
"Firefighter"
means any regular, paid or volunteer, member of a lawfully
constituted fire department of a municipal corporation, township,
fire district, or village.
"EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service organization.
"Emergency medical service organization," "EMT-basic,"
"EMT-I," and "paramedic" have the meanings
defined in section 4765.01 of the Revised Code.
"Investigator
of the bureau of criminal identification and investigation" has
the meaning defined in section 2903.11 of the Revised Code.
"Emergency
service telecommunicator" means an individual employed by an
emergency service provider as defined under section 128.01 of the
Revised Code, whose primary responsibility is to be an operator for
the receipt or processing of calls for emergency services made by
telephone, radio, or other electronic means.
"Forensic
mental health provider" means any employee of a community mental
health service provider or local alcohol, drug addiction, and mental
health services board who, in the course of the employee's duties,
has contact with persons committed to a local alcohol, drug
addiction, and mental health services board by a court order pursuant
to section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised
Code.
"Mental
health evaluation provider" means an individual who, under
Chapter 5122. of the Revised Code, examines a respondent who is
alleged to be a mentally ill person subject to court order, as
defined in section 5122.01 of the Revised Code, and reports to the
probate court the respondent's mental condition.
"Regional
psychiatric hospital employee" means any employee of the
department of mental health and addiction services who, in the course
of performing the employee's duties, has contact with patients
committed to the department of mental health and addiction services
by a court order pursuant to section 2945.38, 2945.39, 2945.40, or
2945.402 of the Revised Code.
"Federal
law enforcement officer" has the meaning defined in section 9.88
of the Revised Code.
(10)
"Information pertaining to the recreational activities of a
person under the age of eighteen" means information that is kept
in the ordinary course of business by a public office, that pertains
to the recreational activities of a person under the age of eighteen
years, and that discloses any of the following:
(a)
The address or telephone number of a person under the age of eighteen
or the address or telephone number of that person's parent, guardian,
custodian, or emergency contact person;
(b)
The social security number, birth date, or photographic image of a
person under the age of eighteen;
(c)
Any medical record, history, or information pertaining to a person
under the age of eighteen;
(d)
Any additional information sought or required about a person under
the age of eighteen for the purpose of allowing that person to
participate in any recreational activity conducted or sponsored by a
public office or to use or obtain admission privileges to any
recreational facility owned or operated by a public office.
(11)
"Community control sanction" has the meaning defined in
section 2929.01 of the Revised Code.
(12)
"Post-release control sanction" has the meaning defined in
section 2967.01 of the Revised Code.
(13)
"Redaction" means obscuring or deleting any information
that is exempt from the duty to permit public inspection or copying
from an item that otherwise meets the definition of a "record"
in section 149.011 of the Revised Code.
(14)
"Designee," "elected official," and "future
official" have the meanings defined in section 109.43 of the
Revised Code.
(15)
"Body-worn camera" means a visual and audio recording
device worn on the person of a correctional employee, youth services
employee, or peace officer while the correctional employee, youth
services employee, or peace officer is engaged in the performance of
official duties.
(16)
"Dashboard camera" means a visual and audio recording
device mounted on a peace officer's vehicle or vessel that is used
while the peace officer is engaged in the performance of the peace
officer's duties.
(17)
"Restricted portions of a body-worn camera or dashboard camera
recording" means any visual or audio portion of a body-worn
camera or dashboard camera recording that shows, communicates, or
discloses any of the following:
(a)
The image or identity of a child or information that could lead to
the identification of a child who is a primary subject of the
recording when the department of rehabilitation and correction,
department of youth services, or the law enforcement agency knows or
has reason to know the person is a child based on the department's or
law enforcement agency's records or the content of the recording;
(b)
The death of a person or a deceased person's body, unless the death
was caused by a correctional employee, youth services employee, or
peace officer or, subject to division (H)(1) of this section, the
consent of the decedent's executor or administrator has been
obtained;
(c)
The death of a correctional employee, youth services employee, peace
officer, firefighter, paramedic, or other first responder, occurring
while the decedent was engaged in the performance of official duties,
unless, subject to division (H)(1) of this section, the consent of
the decedent's executor or administrator has been obtained;
(d)
Grievous bodily harm, unless the injury was effected by a
correctional employee, youth services employee, or peace officer or,
subject to division (H)(1) of this section, the consent of the
injured person or the injured person's guardian has been obtained;
(e)
An act of severe violence against a person that results in serious
physical harm to the person, unless the act and injury was effected
by a correctional employee, youth services employee, or peace officer
or, subject to division (H)(1) of this section, the consent of the
injured person or the injured person's guardian has been obtained;
(f)
Grievous bodily harm to a correctional employee, youth services
employee, peace officer, firefighter, paramedic, or other first
responder, occurring while the injured person was engaged in the
performance of official duties, unless, subject to division (H)(1) of
this section, the consent of the injured person or the injured
person's guardian has been obtained;
(g)
An act of severe violence resulting in serious physical harm against
a correctional employee, youth services employee, peace officer,
firefighter, paramedic, or other first responder, occurring while the
injured person was engaged in the performance of official duties,
unless, subject to division (H)(1) of this section, the consent of
the injured person or the injured person's guardian has been
obtained;
(h)
A person's nude body, unless, subject to division (H)(1) of this
section, the person's consent has been obtained;
(i)
Protected health information, the identity of a person in a health
care facility who is not the subject of a correctional, youth
services, or law enforcement encounter, or any other information in a
health care facility that could identify a person who is not the
subject of a correctional, youth services, or law enforcement
encounter;
(j)
Information that could identify the alleged victim of a sex offense,
menacing by stalking, or domestic violence;
(k)
Information, that does not constitute a confidential law enforcement
investigatory record, that could identify a person who provides
sensitive or confidential information to the department of
rehabilitation and correction, the department of youth services, or a
law enforcement agency when the disclosure of the person's identity
or the information provided could reasonably be expected to threaten
or endanger the safety or property of the person or another person;
(l)
Personal information of a person who is not arrested, cited, charged,
or issued a written warning by a peace officer;
(m)
Proprietary correctional, youth services, or police contingency plans
or tactics that are intended to prevent crime and maintain public
order and safety;
(n)
A personal conversation unrelated to work between correctional
employees, youth services employees, or peace officers or between a
correctional employee, youth services employee, or peace officer and
an employee of a law enforcement agency;
(o)
A conversation between a correctional employee, youth services
employee, or peace officer and a member of the public that does not
concern correctional, youth services, or law enforcement activities;
(p)
The interior of a residence, unless the interior of a residence is
the location of an adversarial encounter with, or a use of force by,
a correctional employee, youth services employee, or peace officer;
(q)
Any portion of the interior of a private business that is not open to
the public, unless an adversarial encounter with, or a use of force
by, a correctional employee, youth services employee, or peace
officer occurs in that location.
As
used in division (A)(17) of this section:
"Grievous
bodily harm" has the same meaning as in section 5924.120 of the
Revised Code.
"Health
care facility" has the same meaning as in section 1337.11 of the
Revised Code.
"Protected
health information" has the same meaning as in 45 C.F.R.
160.103.
"Law
enforcement agency" means a government entity that employs peace
officers to perform law enforcement duties.
"Personal
information" means any government-issued identification number,
date of birth, address, financial information, or criminal justice
information from the law enforcement automated data system or similar
databases.
"Sex
offense" has the same meaning as in section 2907.10 of the
Revised Code.
"Firefighter,"
"paramedic," and "first responder" have the same
meanings as in section 4765.01 of the Revised Code.
(B)(1)
Upon request by any person and subject to division (B)(8) of this
section, all public records responsive to the request shall be
promptly prepared and made available for inspection to the requester
at all reasonable times during regular business hours. Subject to
division (B)(8) of this section, upon request by any person, a public
office or person responsible for public records shall make copies of
the requested public record available to the requester at cost and
within a reasonable period of time.
When
considering whether a state or local law enforcement agency promptly
prepared a video record for inspection or provided a video record for
production within a reasonable period of time, in addition to any
other factors, a court shall consider the time required for a state
or local law enforcement agency to retrieve, download, review,
redact, seek legal advice regarding, and produce the video record.
Notwithstanding any other requirement set forth in Chapter 149. of
the Revised Code, a state or local law enforcement agency may charge
a requester the actual cost associated with preparing a video record
for inspection or production, not to exceed seventy-five dollars per
hour of video produced, nor seven hundred fifty dollars total. As
used in this division, "actual cost," with respect to video
records only, means all costs incurred by the state or local law
enforcement agency in reviewing, blurring or otherwise obscuring,
redacting, uploading, or producing the video records, including but
not limited to the storage medium on which the record is produced,
staff time, and any other relevant overhead necessary to comply with
the request. A state or local law enforcement agency may include in
its public records policy the requirement that a requester pay the
estimated actual cost before beginning the process of preparing a
video record for inspection or production. Where a state or local law
enforcement agency imposes such a requirement, its obligation to
produce a video or make it available for inspection begins once the
estimated actual cost is paid in full by the requester. A state or
local law enforcement agency shall provide the requester with the
estimated actual cost within five business days of receipt of the
public records request. If the actual cost exceeds the estimated
actual cost, a state or local law enforcement agency may charge a
requester for the difference upon fulfilling a request for video
records if the requester is notified in advance that the actual cost
may be up to twenty per cent higher than the estimated actual cost. A
state or local law enforcement agency shall not charge a requester a
difference that exceeds twenty per cent of the estimated actual cost.
If
a public record contains information that is exempt from the duty to
permit public inspection or to copy the public record, the public
office or the person responsible for the public record shall make
available all of the information within the public record that is not
exempt. When making that public record available for public
inspection or copying that public record, the public office or the
person responsible for the public record shall notify the requester
of any redaction or make the redaction plainly visible. A redaction
shall be deemed a denial of a request to inspect or copy the redacted
information, except if federal or state law authorizes or requires a
public office to make the redaction. When the auditor of state
receives a request to inspect or to make a copy of a record that was
provided to the auditor of state for purposes of an audit, but the
original public office has asserted to the auditor of state that the
record is not a public record, the auditor of state may handle the
requests by directing the requestor to the original public office
that provided the record to the auditor of state.
(2)
To facilitate broader access to public records, a public office or
the person responsible for public records shall organize and maintain
public records in a manner that they can be made available for
inspection or copying in accordance with division (B) of this
section. A public office also shall have available a copy of its
current records retention schedule at a location readily available to
the public. If a requester makes an ambiguous or overly broad request
or has difficulty in making a request for copies or inspection of
public records under this section such that the public office or the
person responsible for the requested public record cannot reasonably
identify what public records are being requested, the public office
or the person responsible for the requested public record may deny
the request but shall provide the requester with an opportunity to
revise the request by informing the requester of the manner in which
records are maintained by the public office and accessed in the
ordinary course of the public office's or person's duties.
(3)
If a request is ultimately denied, in part or in whole, the public
office or the person responsible for the requested public record
shall provide the requester with an explanation, including legal
authority, setting forth why the request was denied. If the initial
request was provided in writing, the explanation also shall be
provided to the requester in writing. The explanation shall not
preclude the public office or the person responsible for the
requested public record from relying upon additional reasons or legal
authority in defending an action commenced under division (C) of this
section.
(4)
Unless specifically required or authorized by state or federal law or
in accordance with division (B) of this section, no public office or
person responsible for public records may limit or condition the
availability of public records by requiring disclosure of the
requester's identity or the intended use of the requested public
record. Any requirement that the requester disclose the requester's
identity or the intended use of the requested public record
constitutes a denial of the request.
(5)
A public office or person responsible for public records may ask a
requester to make the request in writing, may ask for the requester's
identity, and may inquire about the intended use of the information
requested, but may do so only after disclosing to the requester that
a written request is not mandatory, that the requester may decline to
reveal the requester's identity or the intended use, and when a
written request or disclosure of the identity or intended use would
benefit the requester by enhancing the ability of the public office
or person responsible for public records to identify, locate, or
deliver the public records sought by the requester.
(6)
If any person requests a copy of a public record in accordance with
division (B) of this section, the public office or person responsible
for the public record may require the requester to pay in advance the
cost involved in providing the copy of the public record in
accordance with the choice made by the requester under this division.
The public office or the person responsible for the public record
shall permit the requester to choose to have the public record
duplicated upon paper, upon the same medium upon which the public
office or person responsible for the public record keeps it, or upon
any other medium upon which the public office or person responsible
for the public record determines that it reasonably can be duplicated
as an integral part of the normal operations of the public office or
person responsible for the public record. When the requester makes a
choice under this division, the public office or person responsible
for the public record shall provide a copy of it in accordance with
the choice made by the requester. Nothing in this section requires a
public office or person responsible for the public record to allow
the requester of a copy of the public record to make the copies of
the public record.
(7)(a)
Upon a request made in accordance with division (B) of this section
and subject to division (B)(6) of this section, a public office or
person responsible for public records shall transmit a copy of a
public record to any person by United States mail or by any other
means of delivery or transmission within a reasonable period of time
after receiving the request for the copy. The public office or person
responsible for the public record may require the person making the
request to pay in advance the cost of postage if the copy is
transmitted by United States mail or the cost of delivery if the copy
is transmitted other than by United States mail, and to pay in
advance the costs incurred for other supplies used in the mailing,
delivery, or transmission.
(b)
Any public office may adopt a policy and procedures that it will
follow in transmitting, within a reasonable period of time after
receiving a request, copies of public records by United States mail
or by any other means of delivery or transmission pursuant to
division (B)(7) of this section. A public office that adopts a policy
and procedures under division (B)(7) of this section shall comply
with them in performing its duties under that division.
(c)
In any policy and procedures adopted under division (B)(7) of this
section:
(i)
A public office may limit the number of records requested by a person
that the office will physically deliver by United States mail or by
another delivery service to ten per month, unless the person
certifies to the office in writing that the person does not intend to
use or forward the requested records, or the information contained in
them, for commercial purposes;
(ii)
A public office that chooses to provide some or all of its public
records on a web site that is fully accessible to and searchable by
members of the public at all times, other than during acts of God
outside the public office's control or maintenance, and that charges
no fee to search, access, download, or otherwise receive records
provided on the web site, may limit to ten per month the number of
records requested by a person that the office will deliver in a
digital format, unless the requested records are not provided on the
web site and unless the person certifies to the office in writing
that the person does not intend to use or forward the requested
records, or the information contained in them, for commercial
purposes.
(iii)
For purposes of division (B)(7) of this section, "commercial"
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist citizen
oversight or understanding of the operation or activities of
government, or nonprofit educational research.
(8)
A public office or person responsible for public records is not
required to permit a person who is incarcerated pursuant to a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a criminal
investigation or prosecution if the subject of the investigation or
prosecution were an adult, unless the request to inspect or to obtain
a copy of the record is for the purpose of acquiring information that
is subject to release as a public record under this section and the
judge who imposed the sentence or made the adjudication with respect
to the person, or the judge's successor in office, finds that the
information sought in the public record is necessary to support what
appears to be a justiciable claim of the person. As used in this
division, "public record concerning a criminal investigation or
prosecution or concerning what would be a criminal investigation or
prosecution if the subject of the investigation were an adult"
includes, but is not limited to, personnel files and payroll and
attendance records of designated public service workers.
(9)(a)
Upon written request made and signed by a journalist, a public
office, or person responsible for public records, having custody of
the records of the agency employing a specified designated public
service worker shall disclose to the journalist the address of the
actual personal residence of the designated public service worker
and, if the designated public service worker's spouse, former spouse,
or child is employed by a public office, the name and address of the
employer of the designated public service worker's spouse, former
spouse, or child, and any past, current, and future work schedules of
the designated public service worker. The request shall include the
journalist's name and title and the name and address of the
journalist's employer and shall state that disclosure of the
information sought would be in the public interest.
(b)
Division (B)(9)(a) of this section also applies to journalist
requests for:
(i)
Customer information maintained by a municipally owned or operated
public utility, other than social security numbers and any private
financial information such as credit reports, payment methods, credit
card numbers, and bank account information;
(ii)
Information about minors involved in a school vehicle accident as
provided in division (A)(1)(gg) of this section, other than personal
information as defined in section 149.45 of the Revised Code;
(iii)
A request form submitted to a public office under section 149.45 of
the Revised Code;
(iv)
An affidavit submitted under section 319.28 of the Revised Code.
(c)
As used in division (B)(9) of this section, "journalist"
means a person engaged in, connected with, or employed by any news
medium, including a newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a similar
medium, for the purpose of gathering, processing, transmitting,
compiling, editing, or disseminating information for the general
public.
(10)
Upon a request made by a victim, victim's attorney, or victim's
representative, as that term is used in section 2930.02 of the
Revised Code, a public office or person responsible for public
records shall transmit a copy of a depiction of the victim as
described in division (A)(1)(ii) of this section to the victim,
victim's attorney, or victim's representative.
(C)(1)
If a person allegedly is aggrieved by the failure of a public office
or the person responsible for public records to promptly prepare a
public record and to make it available to the person for inspection
in accordance with division (B) of this section or by any other
failure of a public office or the person responsible for public
records to comply with an obligation in accordance with division (B)
of this section, the person allegedly aggrieved may serve pursuant to
Rule 4 of the Ohio Rules of Civil Procedure a complaint, on a form
prescribed by the clerk of the court of claims, to the public office
or person responsible for public records allegedly responsible for
the alleged failure. Upon receipt of the complaint of the person
allegedly aggrieved, the public office or person responsible for
public records has three business days to cure or otherwise address
the failure alleged in the complaint. The person allegedly aggrieved
shall not file a complaint with a court or commence a mandamus action
under this section within the three-day period. Upon the expiration
of the three-day period, the person allegedly aggrieved may, subject
to the requirements of division (C)(2) of this section, do only one
of the following, and not both:
(a)
File a complaint with the clerk of the court of claims or the clerk
of the court of common pleas under section 2743.75 of the Revised
Code;
(b)
Commence a mandamus action to obtain a judgment that orders the
public office or the person responsible for the public record to
comply with division (B) of this section, that awards court costs and
reasonable attorney's fees to the person that instituted the mandamus
action, and, if applicable, that includes an order fixing statutory
damages under division (C)(3) of this section. The mandamus action
may be commenced in the court of common pleas of the county in which
division (B) of this section allegedly was not complied with, in the
supreme court pursuant to its original jurisdiction under Section 2
of Article IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section allegedly
was not complied with pursuant to its original jurisdiction under
Section 3 of Article IV, Ohio Constitution.
(2)
Upon filing a complaint or mandamus action with a court under
divisions (C)(1)(a) or (b) of this section, a person allegedly
aggrieved shall file with the court, in conjunction with the person's
complaint or petition, a written affirmation stating that the person
properly transmitted a complaint to the public office or person
responsible for public records, the failure alleged in the complaint
has not been cured or otherwise resolved to the person's
satisfaction, and that the complaint was transmitted to the public
office or person responsible for public records at least three
business days before the filing of the suit. If the person fails to
file an affirmation pursuant to this division, the suit shall be
dismissed.
(3)
If a requester transmits a written request by hand delivery,
electronic submission, or certified mail to inspect or receive copies
of any public record in a manner that fairly describes the public
record or class of public records to the public office or person
responsible for the requested public records, except as otherwise
provided in this section, the requester shall be entitled to recover
the amount of statutory damages set forth in this division if a court
determines that the public office or the person responsible for
public records failed to comply with an obligation in accordance with
division (B) of this section. Statutory damages are not available
pursuant to this section to a person committed to the custody of the
department of rehabilitation and correction or the United States
bureau of prisons, or a child committed to the department of youth
services as permitted in Chapter 2152. of the Revised Code.
The
amount of statutory damages shall be fixed at one hundred dollars for
each business day during which the public office or person
responsible for the requested public records failed to comply with an
obligation in accordance with division (B) of this section, beginning
with the day on which the requester files a mandamus action to
recover statutory damages, up to a maximum of one thousand dollars.
The award of statutory damages shall not be construed as a penalty,
but as compensation for injury arising from lost use of the requested
information. The existence of this injury shall be conclusively
presumed. The award of statutory damages shall be in addition to all
other remedies authorized by this section.
The
court may reduce an award of statutory damages or not award statutory
damages if the court determines both of the following:
(a)
That, based on the ordinary application of statutory law and case law
as it existed at the time of the conduct or threatened conduct of the
public office or person responsible for the requested public records
that allegedly constitutes a failure to comply with an obligation in
accordance with division (B) of this section and that was the basis
of the mandamus action, a well-informed public office or person
responsible for the requested public records reasonably would believe
that the conduct or threatened conduct of the public office or person
responsible for the requested public records did not constitute a
failure to comply with an obligation in accordance with division (B)
of this section;
(b)
That a well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct or
threatened conduct of the public office or person responsible for the
requested public records would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.
(4)
In a mandamus action filed under division (C)(1) of this section, the
following apply:
(a)(i)
If the court orders the public office or the person responsible for
the public record to comply with division (B) of this section, the
court shall determine and award to the relator all court costs, which
shall be construed as remedial and not punitive.
(ii)
If the court makes a determination described in division
(C)(4)(b)(iii) of this section, the court shall determine and award
to the relator all court costs, which shall be construed as remedial
and not punitive.
(b)
If the court renders a judgment that orders the public office or the
person responsible for the public record to comply with division (B)
of this section or if the court determines any of the following, the
court may award reasonable attorney's fees to the relator, subject to
division (C)(5) of this section:
(i)
The public office or the person responsible for the public records
failed to respond affirmatively or negatively to the public records
request in accordance with the time allowed under division (B) of
this section.
(ii)
The public office or the person responsible for the public records
promised to permit the relator to inspect or receive copies of the
public records requested within a specified period of time but failed
to fulfill that promise within that specified period of time.
(iii)
The public office or the person responsible for the public records
acted in bad faith when the office or person voluntarily made the
public records available to the relator for the first time after the
relator commenced the mandamus action, but before the court issued
any order concluding whether or not the public office or person was
required to comply with division (B) of this section. No discovery
may be conducted on the issue of the alleged bad faith of the public
office or person responsible for the public records. This division
shall not be construed as creating a presumption that the public
office or the person responsible for the public records acted in bad
faith when the office or person voluntarily made the public records
available to the relator for the first time after the relator
commenced the mandamus action, but before the court issued any order
described in this division.
(c)
The court shall not award attorney's fees to the relator if the court
determines both of the following:
(i)
That, based on the ordinary application of statutory law and case law
as it existed at the time of the conduct or threatened conduct of the
public office or person responsible for the requested public records
that allegedly constitutes a failure to comply with an obligation in
accordance with division (B) of this section and that was the basis
of the mandamus action, a well-informed public office or person
responsible for the requested public records reasonably would believe
that the conduct or threatened conduct of the public office or person
responsible for the requested public records did not constitute a
failure to comply with an obligation in accordance with division (B)
of this section;
(ii)
That a well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct or
threatened conduct of the public office or person responsible for the
requested public records would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.
(5)
All of the following apply to any award of reasonable attorney's fees
awarded under division (C)(4)(b) of this section:
(a)
The fees shall be construed as remedial and not punitive.
(b)
The fees awarded shall not exceed the total of the reasonable
attorney's fees incurred before the public record was made available
to the relator and the fees described in division (C)(5)(c) of this
section.
(c)
Reasonable attorney's fees shall include reasonable fees incurred to
produce proof of the reasonableness and amount of the fees and to
otherwise litigate entitlement to the fees.
(d)
The court may reduce the amount of fees awarded if the court
determines that, given the factual circumstances involved with the
specific public records request, an alternative means should have
been pursued to more effectively and efficiently resolve the dispute
that was subject to the mandamus action filed under division (C)(1)
of this section.
(6)
If the court does not issue a writ of mandamus under division (C) of
this section and the court determines at that time that the bringing
of the mandamus action was frivolous conduct as defined in division
(A) of section 2323.51 of the Revised Code, the court may award to
the public office all court costs, expenses, and reasonable
attorney's fees, as determined by the court.
(D)
Chapter 1347. of the Revised Code does not limit the provisions of
this section.
(E)(1)
To ensure that all employees of public offices are appropriately
educated about a public office's obligations under division (B) of
this section, all elected officials or their appropriate designees
shall attend training approved by the attorney general as provided in
section 109.43 of the Revised Code. A future official may satisfy the
requirements of this division by attending the training before taking
office, provided that the future official may not send a designee in
the future official's place.
(2)
All public offices shall adopt a public records policy in compliance
with this section for responding to public records requests. In
adopting a public records policy under this division, a public office
may obtain guidance from the model public records policy developed
and provided to the public office by the attorney general under
section 109.43 of the Revised Code. Except as otherwise provided in
this section, the policy may not limit the number of public records
that the public office will make available to a single person, may
not limit the number of public records that it will make available
during a fixed period of time, and may not establish a fixed period
of time before it will respond to a request for inspection or copying
of public records, unless that period is less than eight hours.
The
public office shall distribute the public records policy adopted by
the public office under this division to the employee of the public
office who is the records custodian or records manager or otherwise
has custody of the records of that office. The public office shall
require that employee to acknowledge receipt of the copy of the
public records policy. The public office shall create a poster that
describes its public records policy and shall post the poster in a
conspicuous place in the public office and in all locations where the
public office has branch offices. The public office may post its
public records policy on the internet web site of the public office
if the public office maintains an internet web site. A public office
that has established a manual or handbook of its general policies and
procedures for all employees of the public office shall include the
public records policy of the public office in the manual or handbook.
(F)(1)
The bureau of motor vehicles may adopt rules pursuant to Chapter 119.
of the Revised Code to reasonably limit the number of bulk commercial
special extraction requests made by a person for the same records or
for updated records during a calendar year. The rules may include
provisions for charges to be made for bulk commercial special
extraction requests for the actual cost of the bureau, plus special
extraction costs, plus ten per cent. The bureau may charge for
expenses for redacting information, the release of which is
prohibited by law.
(2)
As used in division (F)(1) of this section:
(a)
"Actual cost" means the cost of depleted supplies, records
storage media costs, actual mailing and alternative delivery costs,
or other transmitting costs, and any direct equipment operating and
maintenance costs, including actual costs paid to private contractors
for copying services.
(b)
"Bulk commercial special extraction request" means a
request for copies of a record for information in a format other than
the format already available, or information that cannot be extracted
without examination of all items in a records series, class of
records, or database by a person who intends to use or forward the
copies for surveys, marketing, solicitation, or resale for commercial
purposes. "Bulk commercial special extraction request" does
not include a request by a person who gives assurance to the bureau
that the person making the request does not intend to use or forward
the requested copies for surveys, marketing, solicitation, or resale
for commercial purposes.
(c)
"Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.
(d)
"Special extraction costs" means the cost of the time spent
by the lowest paid employee competent to perform the task, the actual
amount paid to outside private contractors employed by the bureau, or
the actual cost incurred to create computer programs to make the
special extraction. "Special extraction costs" include any
charges paid to a public agency for computer or records services.
(3)
For purposes of divisions (F)(1) and (2) of this section, "surveys,
marketing, solicitation, or resale for commercial purposes"
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist citizen
oversight or understanding of the operation or activities of
government, or nonprofit educational research.
(G)
A request by a defendant, counsel of a defendant, or any agent of a
defendant in a criminal action that public records related to that
action be made available under this section shall be considered a
demand for discovery pursuant to the Criminal Rules, except to the
extent that the Criminal Rules plainly indicate a contrary intent.
The defendant, counsel of the defendant, or agent of the defendant
making a request under this division shall serve a copy of the
request on the prosecuting attorney, director of law, or other chief
legal officer responsible for prosecuting the action.
(H)(1)
Any portion of a body-worn camera or dashboard camera recording
described in divisions (A)(17)(b) to (h) of this section may be
released by consent of the subject of the recording or a
representative of that person, as specified in those divisions, only
if either of the following applies:
(a)
The recording will not be used in connection with any probable or
pending criminal proceedings;
(b)
The recording has been used in connection with a criminal proceeding
that was dismissed or for which a judgment has been entered pursuant
to Rule 32 of the Rules of Criminal Procedure, and will not be used
again in connection with any probable or pending criminal
proceedings.
(2)
If a public office denies a request to release a restricted portion
of a body-worn camera or dashboard camera recording, as defined in
division (A)(17) of this section, any person may file a mandamus
action pursuant to this section or a complaint with the clerk of the
court of claims pursuant to section 2743.75 of the Revised Code,
requesting the court to order the release of all or portions of the
recording. If the court considering the request determines that the
filing articulates by clear and convincing evidence that the public
interest in the recording substantially outweighs privacy interests
and other interests asserted to deny release, the court shall order
the public office to release the recording.
Sec.
2923.11.
As
used in sections 2923.11 to 2923.24 of the Revised Code:
(A)
"Deadly weapon" means any instrument, device, or thing
capable of inflicting death, and designed or specially adapted for
use as a weapon, or possessed, carried, or used as a weapon.
(B)(1)
"Firearm" means any deadly weapon capable of expelling or
propelling one or more projectiles by the action of an explosive or
combustible propellant. "Firearm" includes an unloaded
firearm, and any firearm that is inoperable but that can readily be
rendered operable.
(2)
When determining whether a firearm is capable of expelling or
propelling one or more projectiles by the action of an explosive or
combustible propellant, the trier of fact may rely upon
circumstantial evidence, including, but not limited to, the
representations and actions of the individual exercising control over
the firearm.
(C)
"Handgun" means any of the following:
(1)
Any firearm that has a short stock and is designed to be held and
fired by the use of a single hand;
(2)
Any combination of parts from which a firearm of a type described in
division (C)(1) of this section can be assembled.
(D)
"Semi-automatic firearm" means any firearm designed or
specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single function
of the trigger.
(E)
"Automatic firearm" means any firearm designed or specially
adapted to fire a succession of cartridges with a single function of
the trigger.
(F)
"Sawed-off firearm" means a shotgun with a barrel less than
eighteen inches long, or a rifle with a barrel less than sixteen
inches long, or a shotgun or rifle less than twenty-six inches long
overall. "Sawed-off firearm" does not include any firearm
with an overall length of at least twenty-six inches that is approved
for sale by the federal bureau of alcohol, tobacco, firearms, and
explosives under the "Gun Control Act of 1968," 82 Stat.
1213, 18 U.S.C. 921(a)(3), but that is found by the bureau not to be
regulated under the "National Firearms Act," 68A Stat. 725
(1934), 26 U.S.C. 5845(a).
(G)
"Zip-gun" means any of the following:
(1)
Any firearm of crude and extemporized manufacture;
(2)
Any device, including without limitation a starter's pistol, that is
not designed as a firearm, but that is specially adapted for use as a
firearm;
(3)
Any industrial tool, signalling device, or safety device, that is not
designed as a firearm, but that as designed is capable of use as
such, when possessed, carried, or used as a firearm.
(H)
"Explosive device" means any device designed or specially
adapted to cause physical harm to persons or property by means of an
explosion, and consisting of an explosive substance or agency and a
means to detonate it. "Explosive device" includes without
limitation any bomb, any explosive demolition device, any blasting
cap or detonator containing an explosive charge, and any pressure
vessel that has been knowingly tampered with or arranged so as to
explode.
(I)
"Incendiary device" means any firebomb, and any device
designed or specially adapted to cause physical harm to persons or
property by means of fire, and consisting of an incendiary substance
or agency and a means to ignite it.
(J)
"Ballistic knife" means a knife with a detachable blade
that is propelled by a spring-operated mechanism.
(K)
"Dangerous ordnance" means any of the following, except as
provided in division (L) of this section:
(1)
Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
(2)
Any explosive device or incendiary device;
(3)
Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT,
picric acid, and other high explosives; amatol, tritonal, tetrytol,
pentolite, pecretol, cyclotol, and other high explosive compositions;
plastic explosives; dynamite, blasting gelatin, gelatin dynamite,
sensitized ammonium nitrate, liquid-oxygen blasting explosives,
blasting powder, and other blasting agents; and any other explosive
substance having sufficient brisance or power to be particularly
suitable for use as a military explosive, or for use in mining,
quarrying, excavating, or demolitions;
(4)
Any firearm, rocket launcher, mortar, artillery piece, grenade, mine,
bomb, torpedo, or similar weapon, designed and manufactured for
military purposes, and the ammunition for that weapon;
(5)
Any firearm muffler or suppressor;
(6)
Any combination of parts that is intended by the owner for use in
converting any firearm or other device into a dangerous ordnance.
(L)
"Dangerous ordnance" does not include any of the following:
(1)
Any firearm, including a military weapon and the ammunition for that
weapon, and regardless of its actual age, that employs a percussion
cap or other obsolete ignition system, or that is designed and safe
for use only with black powder;
(2)
Any pistol, rifle, or shotgun, designed or suitable for sporting
purposes, including a military weapon as issued or as modified, and
the ammunition for that weapon, unless the firearm is an automatic or
sawed-off firearm;
(3)
Any cannon or other artillery piece that, regardless of its actual
age, is of a type in accepted use prior to 1887, has no mechanical,
hydraulic, pneumatic, or other system for absorbing recoil and
returning the tube into battery without displacing the carriage, and
is designed and safe for use only with black powder;
(4)
Black powder, priming quills, and percussion caps possessed and
lawfully used to fire a cannon of a type defined in division (L)(3)
of this section during displays, celebrations, organized matches or
shoots, and target practice, and smokeless and black powder, primers,
and percussion caps possessed and lawfully used as a propellant or
ignition device in small-arms or small-arms ammunition;
(5)
Dangerous ordnance that is inoperable or inert and cannot readily be
rendered operable or activated, and that is kept as a trophy,
souvenir, curio, or museum piece;
(6)
Any device that is expressly excepted from the definition of a
destructive device pursuant to the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations
issued under that act;
(7)
Any firearm with an overall length of at least twenty-six inches that
is approved for sale by the federal bureau of alcohol, tobacco,
firearms, and explosives under the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the bureau
not to be regulated under the "National Firearms Act," 68A
Stat. 725 (1934), 26 U.S.C. 5845(a).
(M)
"Explosive" means any chemical compound, mixture, or
device, the primary or common purpose of which is to function by
explosion. "Explosive" includes all materials that have
been classified as division 1.1, division 1.2, division 1.3, or
division 1.4 explosives by the United States department of
transportation in its regulations and includes, but is not limited
to, dynamite, black powder, pellet powders, initiating explosives,
blasting caps, electric blasting caps, safety fuses, fuse igniters,
squibs, cordeau detonant fuses, instantaneous fuses, and igniter
cords and igniters. "Explosive" does not include
"fireworks," as defined in section 3743.01 of the Revised
Code, or any substance or material otherwise meeting the definition
of explosive set forth in this section that is manufactured, sold,
possessed, transported, stored, or used in any activity described in
section 3743.80 of the Revised Code, provided the activity is
conducted in accordance with all applicable laws, rules, and
regulations, including, but not limited to, the provisions of section
3743.80 of the Revised Code and the rules of the fire marshal adopted
pursuant to section 3737.82 of the Revised Code.
(N)(1)
"Concealed handgun license" or "license to carry a
concealed handgun" means, subject to division (N)(2) of this
section, a license or temporary emergency license to carry a
concealed handgun issued under section 2923.125 or 2923.1213 of the
Revised Code or a license to carry a concealed handgun issued by
another state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.
(2)
A reference in any provision of the Revised Code to a concealed
handgun license issued under section 2923.125 of the Revised Code or
a license to carry a concealed handgun issued under section 2923.125
of the Revised Code means only a license of the type that is
specified in that section. A reference in any provision of the
Revised Code to a concealed handgun license issued under section
2923.1213 of the Revised Code, a license to carry a concealed handgun
issued under section 2923.1213 of the Revised Code, or a license to
carry a concealed handgun on a temporary emergency basis means only a
license of the type that is specified in section 2923.1213 of the
Revised Code. A reference in any provision of the Revised Code to a
concealed handgun license issued by another state or a license to
carry a concealed handgun issued by another state means only a
license issued by another state with which the attorney general has
entered into a reciprocity agreement under section 109.69 of the
Revised Code.
(O)
"Valid concealed handgun license" or "valid license to
carry a concealed handgun" means a concealed handgun license
that is currently valid, that is not under a suspension under
division (A)(1)
or (3)
of section 2923.128 of the Revised Code, under section 2923.1213 of
the Revised Code, or under a suspension provision of the state other
than this state in which the license was issued, and that has not
been revoked under division (B)(1) of section 2923.128 of the Revised
Code, under section 2923.1213 of the Revised Code, or under a
revocation provision of the state other than this state in which the
license was issued.
(P)
"Misdemeanor punishable by imprisonment for a term exceeding one
year" does not include any of the following:
(1)
Any federal or state offense pertaining to antitrust violations,
unfair trade practices, restraints of trade, or other similar
offenses relating to the regulation of business practices;
(2)
Any misdemeanor offense punishable by a term of imprisonment of two
years or less.
(Q)
"Alien registration number" means the number issued by the
United States citizenship and immigration services agency that is
located on the alien's permanent resident card and may also be
commonly referred to as the "USCIS number" or the "alien
number."
(R)
"Active duty" has the same meaning as defined in 10 U.S.C.
101.
Sec.
2923.125.
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, 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.
(t)
The applicant is not enrolled in the do not possess firearms registry
created under section 2923.22 of the Revised Code.
(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)
,
or (3)
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)
(A)(4)
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)
(A)(4)
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)
(A)(4)
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)
(A)(4)
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)
(3)(a)
If a licensee holding a valid concealed handgun license is enrolled
in the do not possess firearms registry under section 2923.22 of the
Revised Code, the sheriff who issued the license shall suspend it and
shall comply with division (A)(4) of this section upon becoming aware
of the licensee's enrollment in the registry. 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)(3)(a) of this section shall be
considered as beginning on the date that the licensee is first
enrolled in the do not possess firearms registry, irrespective of
when the sheriff notifies the licensee under division (A)(4) of this
section. The suspension shall end on the date on which the licensee
is removed from the registry. If the suspension so ends, the sheriff
shall return the license or temporary emergency license to the
licensee.
(4)
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,
or
the enrollment of a licensee who was issued a concealed handgun
license in the do not possess firearms registry,
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 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)
(A)(4)
,
(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.
2923.133.
(A)
As used in this section, "community service" has the same
meaning as in section 3313.605 of the Revised Code.
(B)
No person who is enrolled in the do not possess firearms registry
created under section 2923.22 of the Revised Code shall knowingly
purchase, possess, or transport a firearm.
(C)
Whoever violates this section is subject to a civil fine of
twenty-five dollars. The court may order the offender to perform
community service in lieu of the civil fine.
Sec.
2923.20.
(A)
No person shall do any of the following:
(1)
Recklessly sell, lend, give, or furnish any firearm to any person
prohibited by section 2923.13 or 2923.15 of the Revised Code from
acquiring or using any firearm, or recklessly sell, lend, give, or
furnish any dangerous ordnance to any person prohibited by section
2923.13, 2923.15, or 2923.17 of the Revised Code from acquiring or
using any dangerous ordnance;
(2)
Possess any firearm or dangerous ordnance with purpose to dispose of
it in violation of division (A) of this section;
(3)
Except as otherwise provided in division (B) of this section,
knowingly solicit, persuade, encourage, or entice a federally
licensed firearms dealer or private seller to transfer a firearm or
ammunition to any person in a manner prohibited by state or federal
law;
(4)
Except as otherwise provided in division (B) of this section, with an
intent to deceive, knowingly provide materially false information to
a federally licensed firearms dealer or private seller;
(5)
Except as otherwise provided in division (B) of this section,
knowingly procure, solicit, persuade, encourage, or entice a person
to act in violation of division (A)(3) or (4) of this section;
(6)
When transferring any dangerous ordnance to another, negligently fail
to require the transferee to exhibit such identification, license, or
permit showing the transferee to be authorized to acquire dangerous
ordnance pursuant to section 2923.17 of the Revised Code, or
negligently fail to take a complete record of the transaction and
forthwith forward a copy of that record to the sheriff of the county
or safety director or police chief of the municipality where the
transaction takes place;
(7)
Knowingly fail to report to law enforcement authorities forthwith the
loss or theft of any firearm or dangerous ordnance in the person's
possession or under the person's control
;
(8)
Knowingly sell, lend, give, or furnish any firearm to any person who
is enrolled in the do not possess firearms registry under section
2923.22 of the Revised Code if the offender knows the person is
enrolled in that registry
.
(B)
Divisions (A)(3), (4), and (5) of this section do not apply to any of
the following:
(1)
A law enforcement officer who is acting within the scope of the
officer's duties;
(2)
A person who is acting in accordance with directions given by a law
enforcement officer described in division (B)(1) of this section.
(C)
Whoever violates this section is guilty of unlawful transactions in
weapons. A violation of division (A)(1) or (2) of this section is a
felony of the fourth degree. A violation of division (A)(3), (4), or
(5) of this section is a felony of the third degree. A violation of
division (A)(6) of this section is a misdemeanor of the second
degree. A violation of division (A)(7) of this section is a
misdemeanor of the fourth degree.
A violation of division (A)(8) of this section is a misdemeanor of
the first degree.
(D)
As used in this section:
(1)
"Ammunition" has the same meaning as in section 2305.401 of
the Revised Code.
(2)
"Federally licensed firearms dealer" has the same meaning
as in section 5502.63 of the Revised Code.
(3)
"Materially false information" means information regarding
the transfer of a firearm or ammunition that portrays an illegal
transaction as legal or a legal transaction as illegal.
(4)
"Private seller" means a person who sells, offers for sale,
or transfers a firearm or ammunition and who is not a federally
licensed firearms dealer.
Sec.
2923.22.
(A)
As used in this section, "photo identification" means a
document that meets each of the following requirements:
(1)
It shows the name of the individual to whom it was issued.
(2)
It shows the current address of the individual to whom it was issued.
(3)
It shows a photograph of the individual to whom it was issued.
(4)
It includes an expiration date that has not passed.
(5)
It was issued by the government of the United States or this state.
(B)(1)
Within six months after the effective date of this section, the
attorney general shall establish a do not possess firearms registry
to prohibit the possession, sale, or transportation of a firearm to
any person who voluntarily registers the person's self to be enrolled
in the registry. The attorney general shall maintain the registry and
shall promulgate rules in accordance with Chapter 119. of the Revised
Code for the implementation of the registry.
(2)
The attorney general shall develop and distribute a form to every
clerk of a court of record in this state and to the department of
health, the department of mental health and addiction services, and
the state medical board to allow individuals to register on the do
not possess firearms registry and a form by which a registered
individual may request removal. The attorney general and the courts
and agencies to which the form is distributed shall prominently
display the form on the attorney general's, court's, or agency's web
site. The form shall include, at a minimum, all of the following
information:
(a)
Information on the thirty-day waiting period after initial
registration onto the registry, as well as information on the
twenty-one-day waiting period after a request for removal is received
by the attorney general;
(b)
The legal ramifications of registration, including that registration
may subject a person to laws of other states with analogous do not
sell or do not possess lists or registries;
(c)
The requirement that a person registering on the do not possess
firearms registry turn over any firearms in the person's possession
to a law enforcement agency within forty-eight hours of registration
and how to do so;
(d)
A space to indicate that the form was completed with assistance from
a health care worker, mental health care worker, or social worker,
and the name of the person providing that assistance to the person
registering.
(3)
Within six months after the effective date of this section, the
attorney general shall develop an online platform, accessible through
the attorney general's web site, by which a person may register on
the do not possess firearms registry. The online platform shall do
all of the following:
(a)
Verify the identity of any person who registers or attempts to
register;
(b)
Prevent unauthorized disclosure of the identity or of any personally
identifying information of any registering person;
(c)
Inform a person registering of the effects of registration;
(d)
Provide an option for the person registering to receive a hard copy
of the completed registration form in writing by mail or electronic
mail;
(e)
Provide an option to receive notification by mail or electronic mail
of removal from the registry;
(f)
Provide information on how to relinquish a firearm to a law
enforcement agency.
(C)(1)
A person may apply in writing to the attorney general to request
voluntary enrollment in the do not possess firearms registry and,
after being enrolled in the registry, may apply in writing to the
attorney general to request removal from the registry.
(2)
The attorney general shall not remove a person enrolled in the
registry from the registry until twenty-one days after the attorney
general receives the person's application for removal from the
registry.
(3)
A person submitting an application for enrollment in or removal from
the do not possess firearms registry may submit that application to
the attorney general by mail, via the online portal on the attorney
general's web site, or in person to the office of the attorney
general.
(4)
A person who submits an application to the attorney general for
enrollment in or removal from the do not possess firearms registry
shall include with the application a photocopy or an electronic image
of a valid form of photo identification.
(5)(a)
A person who has enrolled in the do not possess firearms registry may
petition the court of common pleas of the county in which the person
resides for removal prior to twenty-one days after the attorney
general receives the person's application for removal from the
registry in the person's county of residence. The person petitioning
for removal shall show, by a preponderance of the evidence, that the
person is not likely to act in a manner dangerous to public safety or
to the person's self. Any public official or interested party may
also present evidence during a proceeding under this division.
(b)
The court of common pleas of the county in which the person resides
shall determine whether or not the person is likely to act in a
manner dangerous to public safety or self not later than two court
days following a proceeding under this division. The court shall
immediately transmit notice of that determination to the attorney
general. The attorney general shall remove a person from the
registry, if directed to do so by the court, not later than
twenty-four hours after receipt of that notice.
(D)(1)
On enrolling a person in the do not possess firearms registry, the
attorney general shall forward the person's eligibility to purchase,
possess, or transport a firearm to the national instant criminal
background check system and shall notify the person by mail or
electronic mail that the person is enrolled in the registry. The
attorney general shall continuously forward registry information to
the national instant criminal background check system and to any
other state that adopts an analogous voluntary do not sell or do not
possess list or registry. Upon notice from any other state that has
implemented an analogous do not sell or do not possess list or
registry that a person has been enrolled in or removed from that
state's list or registry, the attorney general shall update the do
not possess firearms registry within one business day.
(2)
If a person who has enrolled in the do not possess firearms registry
is found to possess, transport, or receive a firearm while enrolled
in the registry, law enforcement officials shall confiscate the
firearm until the person is removed or unenrolled from the registry.
(E)
Except as provided in division (C)(5) of this section, the attorney
general shall not remove a person from the do not possess firearms
registry until twenty-one days after receipt of the person's request
for removal from the registry. On removal of a person from the
registry, the attorney general shall update that person's eligibility
to purchase, possess, or transport a firearm to the national instant
criminal background check system and shall destroy all records
related to the enrollment in and removal of the person from the
registry.
(F)
Upon a person's removal from the do not possess firearms registry,
the attorney general, courts, and any other law enforcement agency or
office with a record of that person's registration shall destroy the
records of that person's registration.
(G)(1)
A law enforcement agency shall take possession of any firearm turned
over to that law enforcement agency by a person registering on the do
not possess firearms registry.
(2)
A law enforcement agency that has taken possession of a firearm
pursuant to a person's registration on the do not possess firearms
registry may transfer that firearm for storage by the state highway
patrol for the duration of the registration. The state highway patrol
shall issue the law enforcement agency that originally took
possession of the firearm a proof of transfer that includes the name
and address of the person from whom the firearm was received and the
serial number, make, and model or any other relevant description of
the firearm. The state highway patrol shall notify the attorney
general and the person registering that the state highway patrol then
is in possession of the person's firearm.
(3)
A law enforcement agency that has taken possession of a firearm as
described in division (G)(1) of this section, or the state highway
patrol if the patrol has custody of a person's firearm as described
in division (G)(2) of this section, shall make a record of the
firearm. Notwithstanding section 149.43 of the Revised Code, the
record is confidential and is not a public record. The record and the
information on it shall not be disseminated by any person, other than
as required to do so pursuant to a court order. The agency or state
highway patrol shall not submit the record or any information on it
to any government entity for purposes of a centralized database and
no government entity shall establish or maintain any centralized
database including the record or any information on it.
Sec.
2923.221.
(A)
No person shall knowingly inquire as to whether another person is
enrolled in the do not possess firearms registry created under
section 2923.22 of the Revised Code for any purpose other than to
determine that person's eligibility to purchase, possess, or
transport a firearm.
(B)
No person shall knowingly give false information or make a false
statement with the purpose to enroll a person in or remove a person
from the do not possess firearms registry.
(C)
No person shall knowingly discriminate against another person with
regards to the person's receipt of health care services, employment,
education, housing, insurance, governmental benefits, or contracting
due to that person not being enrolled in the do not possess firearms
registry, being enrolled in the registry, or previously being
enrolled in the registry.
(D)
No person or entity shall knowingly, or negligently due to failure to
perform a required background check, transfer a firearm to a person
enrolled in the do not possess firearms registry.
(E)(1)
Notwithstanding section 2929.24 of the Revised Code, an individual or
organization guilty of an offense for violating this section shall
not be subject to imprisonment, but to a fine alone.
(2)
A violation of division (A) of this section is improper inquiry
regarding the do not possess firearms registry, a misdemeanor of the
third degree.
(3)
A violation of division (B) of this section is false statement to
enroll or remove from the do not possess firearms registry, a
misdemeanor of the second degree.
(4)
A violation of division (C) of this section is improper use of the do
not possess firearms registry, a misdemeanor of the first degree.
(5)
A violation of division (D) of this section is improper transfer to a
person on the do not possess firearms registry, a misdemeanor of the
first degree. Notwithstanding section 2929.28 of the Revised Code, if
the entity violating division (D) of this section is an organization,
the court may impose a fine of not more than five thousand dollars.
Sec.
4731.058.
The
state medical board and the department of mental health and addiction
services shall adopt rules to encourage licensees to inform the
public about the do not possess firearms registry created under
section 2923.22 of the Revised Code.
Section
2.
That
existing sections 149.43, 2923.11, 2923.125, 2923.128, and 2923.20 of
the Revised Code are hereby repealed.
Section
3.
The
Attorney General shall implement and manage a public awareness
campaign regarding the do not possess firearms registry, which may
include online materials, printed materials, and public service
announcements. At a minimum, the campaign shall include information
about the do not possess firearms registry, how a person may
register, and contact information for a person to obtain additional
information about the registry.
Section
4.
This
act shall be known as the Suicide Self-Defense Act.
Section
5.
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
149.43 of the Revised Code is presented in this act as a composite of
the section as amended by H.B. 265, H.B. 315, S.B. 29, and S.B. 109,
all of the 135th General Assembly.
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.