(a) An officer, agent, or employee of this or any other state | 29 |
or the United States, or a law enforcement officer, who is | 30 |
authorized to carry deadly weapons or dangerous ordnance and is | 31 |
acting within the scope of the officer's, agent's, or employee's | 32 |
duties, a security officer employed by a board of education or | 33 |
governing body of a school during the time that the security | 34 |
officer is on duty pursuant to that contract of employment, or any | 35 |
other person who has written authorization from the board of | 36 |
education or governing body of a school to convey deadly weapons | 37 |
or dangerous ordnance into a school safety zone or to possess a | 38 |
deadly weapon or dangerous ordnance in a school safety zone and | 39 |
who conveys or possesses the deadly weapon or dangerous ordnance | 40 |
in accordance with that authorization; | 41 |
(2) Division (C) of this section does not apply to premises | 48 |
upon which home schooling is conducted. Division (C) of this | 49 |
section also does not apply to a school administrator, teacher, or | 50 |
employee who possesses an object that is indistinguishable from a | 51 |
firearm for legitimate school purposes during the course of | 52 |
employment, a student who uses an object that is indistinguishable | 53 |
from a firearm under the direction of a school administrator, | 54 |
teacher, or employee, or any other person who with the express | 55 |
prior approval of a school administrator possesses an object that | 56 |
is indistinguishable from a firearm for a legitimate purpose, | 57 |
including the use of the object in a ceremonial activity, a play, | 58 |
reenactment, or other dramatic presentation, or a ROTC activity or | 59 |
another similar use of the object. | 60 |
(i) If the person is not a government official, the person, | 87 |
while in the school safety zone, is traveling to, is traveling | 88 |
from, or is in a building that is a courthouse, is another | 89 |
building or structure in which a courtroom is located, or is a | 90 |
facility of the type described in division (B)(5)(b), (7)(b), | 91 |
(9)(a), or (9)(b) of section 2923.126 of the Revised Code other | 92 |
than a school building, and the building is not a secure facility. | 93 |
(ii) If the person is a government official, the person, | 94 |
while in the school safety zone, is traveling to, is traveling | 95 |
from, or is in a building that is a courthouse, is another | 96 |
building or structure in which a courtroom is located, is a school | 97 |
building, or is any other building or facility of a type described | 98 |
in division (B)(5)(b), (7)(b), (9)(a), or (9)(b) of section | 99 |
2923.126 of the Revised Code, and the building is not a secure | 100 |
facility. | 101 |
(iv) Regardless of whether the person is, or is not, a | 104 |
government official, the person is not knowingly in an | 105 |
unauthorized place specified in division (B)(1) or (B)(3) to (10) | 106 |
of section 2923.126 of the Revised Code and is not knowingly | 107 |
conveying, attempting to convey, or possessing the firearm in any | 108 |
prohibited manner listed in the particular division. | 109 |
(E)(1) Whoever violates division (A) or (B) of this section | 110 |
is guilty of illegal conveyance or possession of a deadly weapon | 111 |
or dangerous ordnance in a school safety zone. Except as otherwise | 112 |
provided in this division, illegal conveyance or possession of a | 113 |
deadly weapon or dangerous ordnance in a school safety zone is a | 114 |
felony of the fifth degree. If the offender previously has been | 115 |
convicted of a violation of this section, illegal conveyance or | 116 |
possession of a deadly weapon or dangerous ordnance in a school | 117 |
safety zone is a felony of the fourth degree. | 118 |
(2) Whoever violates division (C) of this section is guilty | 119 |
of illegal possession of an object indistinguishable from a | 120 |
firearm in a school safety zone. Except as otherwise provided in | 121 |
this division, illegal possession of an object indistinguishable | 122 |
from a firearm in a school safety zone is a misdemeanor of the | 123 |
first degree. If the offender previously has been convicted of a | 124 |
violation of this section, illegal possession of an object | 125 |
indistinguishable from a firearm in a school safety zone is a | 126 |
felony of the fifth degree. | 127 |
(F)(1) In addition to any other penalty imposed upon a person | 128 |
who is convicted of or pleads guilty to a violation of this | 129 |
section and subject to division (F)(2) of this section, if the | 130 |
offender has not attained nineteen years of age, regardless of | 131 |
whether the offender is attending or is enrolled in a school | 132 |
operated by a board of education or for which the state board of | 133 |
education prescribes minimum standards under section 3301.07 of | 134 |
the Revised Code, the court shall impose upon the offender a class | 135 |
four suspension of the offender's probationary driver's license, | 136 |
restricted license, driver's license, commercial driver's license, | 137 |
temporary instruction permit, or probationary commercial driver's | 138 |
license that then is in effect from the range specified in | 139 |
division (A)(4) of section 4510.02 of the Revised Code and shall | 140 |
deny the offender the issuance of any permit or license of that | 141 |
type during the period of the suspension. | 142 |
(2) If the offender shows good cause why the court should not | 147 |
suspend one of the types of licenses, permits, or privileges | 148 |
specified in division (F)(1) of this section or deny the issuance | 149 |
of one of the temporary instruction permits specified in that | 150 |
division, the court in its discretion may choose not to impose the | 151 |
suspension, revocation, or denial required in that division, but | 152 |
the court, in its discretion, instead may require the offender to | 153 |
perform community service for a number of hours determined by the | 154 |
court. | 155 |
(a) Except as provided in division (E) of this section, a | 179 |
peace officer, or an officer of a law enforcement agency of | 180 |
another state, a political subdivision of another state, or the | 181 |
United States, who is authorized to carry a deadly weapon or | 182 |
dangerous ordnance, who possesses or has under that individual's | 183 |
control a deadly weapon or dangerous ordnance as a requirement of | 184 |
that individual's duties, and who is acting within the scope of | 185 |
that individual's duties at the time of that possession or | 186 |
control; | 187 |
(b) Except as provided in division (E) of this section, a | 188 |
person who is employed in this state, who is authorized to carry a | 189 |
deadly weapon or dangerous ordnance, who possesses or has under | 190 |
that individual's control a deadly weapon or dangerous ordnance as | 191 |
a requirement of that person's duties, and who is subject to and | 192 |
in compliance with the requirements of section 109.801 of the | 193 |
Revised Code, unless the appointing authority of the person has | 194 |
expressly specified that the exemption provided in division | 195 |
(C)(2)(b) of this section does not apply to the person; | 196 |
(c) A person who conveys or attempts to convey a handgun | 197 |
into, or possesses or has under the person's control a handgun in, | 198 |
a courthouse or another building or structure in which a courtroom | 199 |
is located if the person has been issued and at the time of the | 200 |
conveyance, attempted conveyance, possession, or control is | 201 |
carrying a valid concealed handgun license, and the courthouse, | 202 |
building, or structure is not a secure facility. | 203 |
(4) Except as provided in division (E) of this section, a | 208 |
bailiff or deputy bailiff of a court of record of this state who | 209 |
is authorized to carry a firearm pursuant to section 109.77 of the | 210 |
Revised Code, who possesses or has under that individual's control | 211 |
a firearm as a requirement of that individual's duties, and who is | 212 |
acting within the scope of that individual's duties at the time of | 213 |
that possession or control; | 214 |
(5) Except as provided in division (E) of this section, a | 215 |
prosecutor, or a secret service officer appointed by a county | 216 |
prosecuting attorney, who is authorized to carry a deadly weapon | 217 |
or dangerous ordnance in the performance of the individual's | 218 |
duties, who possesses or has under that individual's control a | 219 |
deadly weapon or dangerous ordnance as a requirement of that | 220 |
individual's duties, and who is acting within the scope of that | 221 |
individual's duties at the time of that possession or control; | 222 |
(6) Except as provided in division (E) of this section, a | 223 |
person who conveys or attempts to convey a handgun into a | 224 |
courthouse or into another building or structure in which a | 225 |
courtroom is located, whoif the courthouse, building, or | 226 |
structure is a secure facility, the person, at the time of the | 227 |
conveyance or attempt, is carrying a valid concealed handgun | 228 |
license, and whothe person transfers possession of the handgun to | 229 |
the officer or officer's designee who has charge of the courthouse | 230 |
or building. The officer shall secure the handgun until the | 231 |
licensee is prepared to leave the premises. The exemption | 232 |
described in this division does not limit or affect the right of a | 233 |
person described in division (C)(2)(c) of this section to convey, | 234 |
attempt to convey, possess, or have under control a handgun as | 235 |
described in that division. The exemption described in this | 236 |
division applies only if the officer who has charge of the | 237 |
courthouse or building provides services of the nature described | 238 |
in this division. An officer who has charge of the courthouse or | 239 |
building is not required to offer services of the nature described | 240 |
in this division. | 241 |
(D)(1) Whoever violates division (A) of this section is | 242 |
guilty of illegal conveyance of a deadly weapon or dangerous | 243 |
ordnance into a courthouse. Except as otherwise provided in this | 244 |
division, illegal conveyance of a deadly weapon or dangerous | 245 |
ordnance into a courthouse is a felony of the fifth degree. If the | 246 |
offender previously has been convicted of a violation of division | 247 |
(A) or (B) of this section, illegal conveyance of a deadly weapon | 248 |
or dangerous ordnance into a courthouse is a felony of the fourth | 249 |
degree. | 250 |
(2) Whoever violates division (B) of this section is guilty | 251 |
of illegal possession or control of a deadly weapon or dangerous | 252 |
ordnance in a courthouse. Except as otherwise provided in this | 253 |
division, illegal possession or control of a deadly weapon or | 254 |
dangerous ordnance in a courthouse is a felony of the fifth | 255 |
degree. If the offender previously has been convicted of a | 256 |
violation of division (A) or (B) of this section, illegal | 257 |
possession or control of a deadly weapon or dangerous ordnance in | 258 |
a courthouse is a felony of the fourth degree. | 259 |
(E) The exemptions described in divisions (C)(1), (2)(a), | 260 |
(2)(b), (4), (5), and (6) of this section do not apply to any | 261 |
judge, magistrate, peace officer, officer of a law enforcement | 262 |
agency, bailiff, deputy bailiff, prosecutor, secret service | 263 |
officer, or other person described in any of those divisions if a | 264 |
rule of superintendence or another type of rule adopted by the | 265 |
supreme court pursuant to Article IV, Ohio Constitution, or an | 266 |
applicable local rule of court prohibits all persons from | 267 |
conveying or attempting to convey a deadly weapon or dangerous | 268 |
ordnance into a courthouse or into another building or structure | 269 |
in which a courtroom is located or from possessing or having under | 270 |
one's control a deadly weapon or dangerous ordnance in a | 271 |
courthouse or in another building or structure in which a | 272 |
courtroom is located. | 273 |
Sec. 2923.126. (A) A concealed handgun license that is | 283 |
issued under section 2923.125 of the Revised Code shall expire | 284 |
five years after the date of issuance. A licensee who has been | 285 |
issued a license under that section shall be granted a grace | 286 |
period of thirty days after the licensee's license expires during | 287 |
which the licensee's license remains valid. Except as provided in | 288 |
divisions (B) and (C) of this section, a licensee who has been | 289 |
issued a concealed handgun license under section 2923.125 or | 290 |
2923.1213 of the Revised Code may carry a concealed handgun | 291 |
anywhere in this state if the licensee also carries a valid | 292 |
license and valid identification when the licensee is in actual | 293 |
possession of a concealed handgun. The licensee shall give notice | 294 |
of any change in the licensee's residence address to the sheriff | 295 |
who issued the license within forty-five days after that change. | 296 |
If a licensee is the driver or an occupant of a motor vehicle | 297 |
that is stopped as the result of a traffic stop or a stop for | 298 |
another law enforcement purpose and if the licensee is | 299 |
transporting or has a loaded handgun in the motor vehicle at that | 300 |
time, the licensee shall promptly inform any law enforcement | 301 |
officer who approaches the vehicle while stopped that the licensee | 302 |
has been issued a concealed handgun license and that the licensee | 303 |
currently possesses or has a loaded handgun; the licensee shall | 304 |
not knowingly disregard or fail to comply with lawful orders of a | 305 |
law enforcement officer given while the motor vehicle is stopped, | 306 |
knowingly fail to remain in the motor vehicle while stopped, or | 307 |
knowingly fail to keep the licensee's hands in plain sight after | 308 |
any law enforcement officer begins approaching the licensee while | 309 |
stopped and before the officer leaves, unless directed otherwise | 310 |
by a law enforcement officer; and the licensee shall not knowingly | 311 |
have contact with the loaded handgun by touching it with the | 312 |
licensee's hands or fingers, in any manner in violation of | 313 |
division (E) of section 2923.16 of the Revised Code, after any law | 314 |
enforcement officer begins approaching the licensee while stopped | 315 |
and before the officer leaves. Additionally, if a licensee is the | 316 |
driver or an occupant of a commercial motor vehicle that is | 317 |
stopped by an employee of the motor carrier enforcement unit for | 318 |
the purposes defined in section 5503.04 of the Revised Code and if | 319 |
the licensee is transporting or has a loaded handgun in the | 320 |
commercial motor vehicle at that time, the licensee shall promptly | 321 |
inform the employee of the unit who approaches the vehicle while | 322 |
stopped that the licensee has been issued a concealed handgun | 323 |
license and that the licensee currently possesses or has a loaded | 324 |
handgun. | 325 |
If a licensee is stopped for a law enforcement purpose and if | 326 |
the licensee is carrying a concealed handgun at the time the | 327 |
officer approaches, the licensee shall promptly inform any law | 328 |
enforcement officer who approaches the licensee while stopped that | 329 |
the licensee has been issued a concealed handgun license and that | 330 |
the licensee currently is carrying a concealed handgun; the | 331 |
licensee shall not knowingly disregard or fail to comply with | 332 |
lawful orders of a law enforcement officer given while the | 333 |
licensee is stopped or knowingly fail to keep the licensee's hands | 334 |
in plain sight after any law enforcement officer begins | 335 |
approaching the licensee while stopped and before the officer | 336 |
leaves, unless directed otherwise by a law enforcement officer; | 337 |
and the licensee shall not knowingly remove, attempt to remove, | 338 |
grasp, or hold the loaded handgun or knowingly have contact with | 339 |
the loaded handgun by touching it with the licensee's hands or | 340 |
fingers, in any manner in violation of division (B) of section | 341 |
2923.12 of the Revised Code, after any law enforcement officer | 342 |
begins approaching the licensee while stopped and before the | 343 |
officer leaves. | 344 |
(1) A police station, sheriff's office, or state highway | 351 |
patrol station, premises controlled by the bureau of criminal | 352 |
identification and investigation, a state correctional | 353 |
institution, jail, workhouse, or other detention facility, an | 354 |
airport passenger terminal, or an institution that is maintained, | 355 |
operated, managed, and governed pursuant to division (A) of | 356 |
section 5119.14 of the Revised Code or division (A)(1) of section | 357 |
5123.03 of the Revised Code; | 358 |
(a) A licensee who resides in a type A family day-care home, | 385 |
a type B family day-care home, or a type C family day-care home | 386 |
from carrying a concealed handgun at any time in any part of the | 387 |
home that is not dedicated or used for day-care purposes, or from | 388 |
carrying a concealed handgun in a part of the home that is | 389 |
dedicated or used for day-care purposes at any time during which | 390 |
no children, other than children of that licensee, are in the | 391 |
home; | 392 |
(C)(1) Nothing(a) Except as provided in division (C)(1)(b) | 413 |
of this section, nothing in this section shall negate or restrict | 414 |
a rule, policy, or practice of a private employer that is not a | 415 |
private college, university, or other institution of higher | 416 |
education concerning or prohibiting the presence of firearms on | 417 |
the private employer's premises or property, including motor | 418 |
vehicles owned by the private employer. Nothing in this section | 419 |
shall require a private employer of that nature to adopt a rule, | 420 |
policy, or practice concerning or prohibiting the presence of | 421 |
firearms on the private employer's premises or property, including | 422 |
motor vehicles owned by the private employer. | 423 |
(b) A private employer that leases premises owned by the | 424 |
state or a political subdivision of the state may not adopt or | 425 |
enforce a rule, policy, or practice that prohibits or restricts a | 426 |
licensee from carrying a concealed handgun into the leased | 427 |
premises unless the leased premises is a secure facility. This | 428 |
division does not affect any restriction imposed under division | 429 |
(B) of this section on the carrying of a concealed handgun by a | 430 |
licensee. | 431 |
(2)(a) A private employer shall be immune from liability in a | 432 |
civil action for any injury, death, or loss to person or property | 433 |
that allegedly was caused by or related to a licensee bringing a | 434 |
handgun onto the premises or property of the private employer, | 435 |
including motor vehicles owned by the private employer, unless the | 436 |
private employer acted with malicious purpose. A private employer | 437 |
is immune from liability in a civil action for any injury, death, | 438 |
or loss to person or property that allegedly was caused by or | 439 |
related to the private employer's decision to permit a licensee to | 440 |
bring, or prohibit a licensee from bringing, a handgun onto the | 441 |
premises or property of the private employer. As used in this | 442 |
division, "private employer" includes a private college, | 443 |
university, or other institution of higher education. | 444 |
(b) A political subdivision shall be immune from liability in | 445 |
a civil action, to the extent and in the manner provided in | 446 |
Chapter 2744. of the Revised Code, for any injury, death, or loss | 447 |
to person or property that allegedly was caused by or related to a | 448 |
licensee bringing a handgun onto any premises or property owned, | 449 |
leased, or otherwise under the control of the political | 450 |
subdivision. As used in this division, "political subdivision" has | 451 |
the same meaning as in section 2744.01 of the Revised Code. | 452 |
(3)(a) Except as provided in division (C)(3)(b) or (c) of | 453 |
this section, the owner or person in control of private land or | 454 |
premises, and a private person or entity leasing land or premises | 455 |
owned by the state, the United States, or a political subdivision | 456 |
of the state or the United States, may post a sign in a | 457 |
conspicuous location on that land or on those premises prohibiting | 458 |
persons from carrying firearms or concealed firearms on or onto | 459 |
that land or those premises. Except as otherwise provided in this | 460 |
division, a person who knowingly violates a posted prohibition of | 461 |
that nature is guilty of criminal trespass in violation of | 462 |
division (A)(4) of section 2911.21 of the Revised Code and is | 463 |
guilty of a misdemeanor of the fourth degree. If a person | 464 |
knowingly violates a posted prohibition of that nature and the | 465 |
posted land or premises primarily was a parking lot or other | 466 |
parking facility, the person is not guilty of criminal trespass in | 467 |
violation of division (A)(4) of section 2911.21 of the Revised | 468 |
Code and instead is subject only to a civil cause of action for | 469 |
trespass based on the violation. | 470 |
(D) A person who holds a concealed handgun license issued by | 491 |
another state that is recognized by the attorney general pursuant | 492 |
to a reciprocity agreement entered into pursuant to section 109.69 | 493 |
of the Revised Code has the same right to carry a concealed | 494 |
handgun in this state as a person who was issued a concealed | 495 |
handgun license under section 2923.125 of the Revised Code and is | 496 |
subject to the same restrictions that apply to a person who | 497 |
carries a license issued under that section. | 498 |
(F)(1) A qualified retired peace officer who possesses a | 504 |
retired peace officer identification card issued pursuant to | 505 |
division (F)(2) of this section and a valid firearms | 506 |
requalification certification issued pursuant to division (F)(3) | 507 |
of this section has the same right to carry a concealed handgun in | 508 |
this state as a person who was issued a concealed handgun license | 509 |
under section 2923.125 of the Revised Code and is subject to the | 510 |
same restrictions that apply to a person who carries a license | 511 |
issued under that section. For purposes of reciprocity with other | 512 |
states, a qualified retired peace officer who possesses a retired | 513 |
peace officer identification card issued pursuant to division | 514 |
(F)(2) of this section and a valid firearms requalification | 515 |
certification issued pursuant to division (F)(3) of this section | 516 |
shall be considered to be a licensee in this state. | 517 |
(2)(a) Each public agency of this state or of a political | 518 |
subdivision of this state that is served by one or more peace | 519 |
officers shall issue a retired peace officer identification card | 520 |
to any person who retired from service as a peace officer with | 521 |
that agency, if the issuance is in accordance with the agency's | 522 |
policies and procedures and if the person, with respect to the | 523 |
person's service with that agency, satisfies all of the following: | 524 |
(iv) Before retiring from service as a peace officer with | 536 |
that agency, the person was regularly employed as a peace officer | 537 |
for an aggregate of fifteen years or more, or, in the alternative, | 538 |
the person retired from service as a peace officer with that | 539 |
agency, after completing any applicable probationary period of | 540 |
that service, due to a service-connected disability, as determined | 541 |
by the agency. | 542 |
(b) A retired peace officer identification card issued to a | 543 |
person under division (F)(2)(a) of this section shall identify the | 544 |
person by name, contain a photograph of the person, identify the | 545 |
public agency of this state or of the political subdivision of | 546 |
this state from which the person retired as a peace officer and | 547 |
that is issuing the identification card, and specify that the | 548 |
person retired in good standing from service as a peace officer | 549 |
with the issuing public agency and satisfies the criteria set | 550 |
forth in divisions (F)(2)(a)(i) to (iv) of this section. In | 551 |
addition to the required content specified in this division, a | 552 |
retired peace officer identification card issued to a person under | 553 |
division (F)(2)(a) of this section may include the firearms | 554 |
requalification certification described in division (F)(3) of this | 555 |
section, and if the identification card includes that | 556 |
certification, the identification card shall serve as the firearms | 557 |
requalification certification for the retired peace officer. If | 558 |
the issuing public agency issues credentials to active law | 559 |
enforcement officers who serve the agency, the agency may comply | 560 |
with division (F)(2)(a) of this section by issuing the same | 561 |
credentials to persons who retired from service as a peace officer | 562 |
with the agency and who satisfy the criteria set forth in | 563 |
divisions (F)(2)(a)(i) to (iv) of this section, provided that the | 564 |
credentials so issued to retired peace officers are stamped with | 565 |
the word "RETIRED." | 566 |
(3) If a person retired from service as a peace officer with | 572 |
a public agency of this state or of a political subdivision of | 573 |
this state and the person satisfies the criteria set forth in | 574 |
divisions (F)(2)(a)(i) to (iv) of this section, the public agency | 575 |
may provide the retired peace officer with the opportunity to | 576 |
attend a firearms requalification program that is approved for | 577 |
purposes of firearms requalification required under section | 578 |
109.801 of the Revised Code. The retired peace officer may be | 579 |
required to pay the cost of the course. | 580 |
If a retired peace officer who satisfies the criteria set | 581 |
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a | 582 |
firearms requalification program that is approved for purposes of | 583 |
firearms requalification required under section 109.801 of the | 584 |
Revised Code, the retired peace officer's successful completion of | 585 |
the firearms requalification program requalifies the retired peace | 586 |
officer for purposes of division (F) of this section for five | 587 |
years from the date on which the program was successfully | 588 |
completed, and the requalification is valid during that five-year | 589 |
period. If a retired peace officer who satisfies the criteria set | 590 |
forth in divisions (F)(2)(a)(i) to (iv) of this section | 591 |
satisfactorily completes such a firearms requalification program, | 592 |
the retired peace officer shall be issued a firearms | 593 |
requalification certification that identifies the retired peace | 594 |
officer by name, identifies the entity that taught the program, | 595 |
specifies that the retired peace officer successfully completed | 596 |
the program, specifies the date on which the course was | 597 |
successfully completed, and specifies that the requalification is | 598 |
valid for five years from that date of successful completion. The | 599 |
firearms requalification certification for a retired peace officer | 600 |
may be included in the retired peace officer identification card | 601 |
issued to the retired peace officer under division (F)(2) of this | 602 |
section. | 603 |
Sec. 2923.1212. (A) TheSubject to division (C) of this | 664 |
section, the following persons, boards, and entities, or | 665 |
designees, shall post in the following locations a sign that | 666 |
contains a statement in substantially the following form: "Unless | 667 |
otherwise authorized by law, pursuant to the Ohio Revised Code, no | 668 |
person shall knowingly possess, have under the person's control, | 669 |
convey, or attempt to convey a deadly weapon or dangerous ordnance | 670 |
onto these premises.": | 671 |
(4) Each sheriff, chief of police, or person in charge of | 682 |
every county, multicounty, municipal, municipal-county, or | 683 |
multicounty-municipal jail or workhouse, community-based | 684 |
correctional facility, halfway house, alternative residential | 685 |
facility, or other local or state correctional institution or | 686 |
detention facility within the state, or that person's designee, in | 687 |
a conspicuous location at that facility under that person's | 688 |
charge; | 689 |
(9) The officer of this state or of a political subdivision | 704 |
of this state, or the officer's designee, who has charge of a | 705 |
building that is a government facility of this state or the | 706 |
political subdivision of this state, as defined in section | 707 |
2923.126 of the Revised Code, and that is not a building that is | 708 |
used primarily as a shelter, restroom, parking facility for motor | 709 |
vehicles, or rest facility and is not a courthouse or other | 710 |
building or structure in which a courtroom is located that is | 711 |
subject to division (B)(3) of that section. | 712 |
(B) TheSubject to division (C) of this section, the | 713 |
following boards, bodies, and persons, or designees, shall post in | 714 |
the following locations a sign that contains a statement in | 715 |
substantially the following form: "Unless otherwise authorized by | 716 |
law, pursuant to Ohio Revised Code section 2923.122, no person | 717 |
shall knowingly possess, have under the person's control, convey, | 718 |
or attempt to convey a deadly weapon or dangerous ordnance into a | 719 |
school safety zone.": | 720 |
(C) If any premises identified in division (A) or (B) of this | 733 |
section is not a secure facility, and if under any provision of | 734 |
division (B) of section 2923.126 of the Revised Code a person who | 735 |
has been issued and possesses a valid concealed handgun license | 736 |
may carry a concealed handgun into or in the premises, the sign | 737 |
posted by the person, board, entity, or designee under division | 738 |
(A) or (B) of this section shall include the statements required | 739 |
under division (A) or (B) of this section and a statement that the | 740 |
restriction described in the sign does not apply to a person who | 741 |
has been issued and possesses a valid concealed handgun license | 742 |
and who possesses a concealed handgun. | 743 |
Sec. 2923.126. (A) A concealed handgun license that is | 751 |
issued under section 2923.125 of the Revised Code shall expire | 752 |
five years after the date of issuance. A licensee who has been | 753 |
issued a license under that section shall be granted a grace | 754 |
period of thirty days after the licensee's license expires during | 755 |
which the licensee's license remains valid. Except as provided in | 756 |
divisions (B) and (C) of this section, a licensee who has been | 757 |
issued a concealed handgun license under section 2923.125 or | 758 |
2923.1213 of the Revised Code may carry a concealed handgun | 759 |
anywhere in this state if the licensee also carries a valid | 760 |
license and valid identification when the licensee is in actual | 761 |
possession of a concealed handgun. The licensee shall give notice | 762 |
of any change in the licensee's residence address to the sheriff | 763 |
who issued the license within forty-five days after that change. | 764 |
If a licensee is the driver or an occupant of a motor vehicle | 765 |
that is stopped as the result of a traffic stop or a stop for | 766 |
another law enforcement purpose and if the licensee is | 767 |
transporting or has a loaded handgun in the motor vehicle at that | 768 |
time, the licensee shall promptly inform any law enforcement | 769 |
officer who approaches the vehicle while stopped that the licensee | 770 |
has been issued a concealed handgun license and that the licensee | 771 |
currently possesses or has a loaded handgun; the licensee shall | 772 |
not knowingly disregard or fail to comply with lawful orders of a | 773 |
law enforcement officer given while the motor vehicle is stopped, | 774 |
knowingly fail to remain in the motor vehicle while stopped, or | 775 |
knowingly fail to keep the licensee's hands in plain sight after | 776 |
any law enforcement officer begins approaching the licensee while | 777 |
stopped and before the officer leaves, unless directed otherwise | 778 |
by a law enforcement officer; and the licensee shall not knowingly | 779 |
have contact with the loaded handgun by touching it with the | 780 |
licensee's hands or fingers, in any manner in violation of | 781 |
division (E) of section 2923.16 of the Revised Code, after any law | 782 |
enforcement officer begins approaching the licensee while stopped | 783 |
and before the officer leaves. Additionally, if a licensee is the | 784 |
driver or an occupant of a commercial motor vehicle that is | 785 |
stopped by an employee of the motor carrier enforcement unit for | 786 |
the purposes defined in section 5503.04 of the Revised Code and if | 787 |
the licensee is transporting or has a loaded handgun in the | 788 |
commercial motor vehicle at that time, the licensee shall promptly | 789 |
inform the employee of the unit who approaches the vehicle while | 790 |
stopped that the licensee has been issued a concealed handgun | 791 |
license and that the licensee currently possesses or has a loaded | 792 |
handgun. | 793 |
If a licensee is stopped for a law enforcement purpose and if | 794 |
the licensee is carrying a concealed handgun at the time the | 795 |
officer approaches, the licensee shall promptly inform any law | 796 |
enforcement officer who approaches the licensee while stopped that | 797 |
the licensee has been issued a concealed handgun license and that | 798 |
the licensee currently is carrying a concealed handgun; the | 799 |
licensee shall not knowingly disregard or fail to comply with | 800 |
lawful orders of a law enforcement officer given while the | 801 |
licensee is stopped or knowingly fail to keep the licensee's hands | 802 |
in plain sight after any law enforcement officer begins | 803 |
approaching the licensee while stopped and before the officer | 804 |
leaves, unless directed otherwise by a law enforcement officer; | 805 |
and the licensee shall not knowingly remove, attempt to remove, | 806 |
grasp, or hold the loaded handgun or knowingly have contact with | 807 |
the loaded handgun by touching it with the licensee's hands or | 808 |
fingers, in any manner in violation of division (B) of section | 809 |
2923.12 of the Revised Code, after any law enforcement officer | 810 |
begins approaching the licensee while stopped and before the | 811 |
officer leaves. | 812 |
(1) A police station, sheriff's office, or state highway | 819 |
patrol station, premises controlled by the bureau of criminal | 820 |
identification and investigation, a state correctional | 821 |
institution, jail, workhouse, or other detention facility, an | 822 |
airport passenger terminal, or an institution that is maintained, | 823 |
operated, managed, and governed pursuant to division (A) of | 824 |
section 5119.14 of the Revised Code or division (A)(1) of section | 825 |
5123.03 of the Revised Code; | 826 |
(a) A licensee who resides in a type A family day-care home | 852 |
or a type B family day-care home from carrying a concealed handgun | 853 |
at any time in any part of the home that is not dedicated or used | 854 |
for day-care purposes, or from carrying a concealed handgun in a | 855 |
part of the home that is dedicated or used for day-care purposes | 856 |
at any time during which no children, other than children of that | 857 |
licensee, are in the home; | 858 |
(C)(1) Nothing(a) Except as provided in division (C)(1)(b) | 879 |
of this section, nothing in this section shall negate or restrict | 880 |
a rule, policy, or practice of a private employer that is not a | 881 |
private college, university, or other institution of higher | 882 |
education concerning or prohibiting the presence of firearms on | 883 |
the private employer's premises or property, including motor | 884 |
vehicles owned by the private employer. Nothing in this section | 885 |
shall require a private employer of that nature to adopt a rule, | 886 |
policy, or practice concerning or prohibiting the presence of | 887 |
firearms on the private employer's premises or property, including | 888 |
motor vehicles owned by the private employer. | 889 |
(b) A private employer that leases premises owned by the | 890 |
state or a political subdivision of the state may not adopt or | 891 |
enforce a rule, policy, or practice that prohibits or restricts a | 892 |
licensee from carrying a concealed handgun into the leased | 893 |
premises unless the leased premises is a secure facility. This | 894 |
division does not affect any restriction imposed under division | 895 |
(B) of this section on the carrying of a concealed handgun by a | 896 |
licensee. | 897 |
(2)(a) A private employer shall be immune from liability in a | 898 |
civil action for any injury, death, or loss to person or property | 899 |
that allegedly was caused by or related to a licensee bringing a | 900 |
handgun onto the premises or property of the private employer, | 901 |
including motor vehicles owned by the private employer, unless the | 902 |
private employer acted with malicious purpose. A private employer | 903 |
is immune from liability in a civil action for any injury, death, | 904 |
or loss to person or property that allegedly was caused by or | 905 |
related to the private employer's decision to permit a licensee to | 906 |
bring, or prohibit a licensee from bringing, a handgun onto the | 907 |
premises or property of the private employer. As used in this | 908 |
division, "private employer" includes a private college, | 909 |
university, or other institution of higher education. | 910 |
(b) A political subdivision shall be immune from liability in | 911 |
a civil action, to the extent and in the manner provided in | 912 |
Chapter 2744. of the Revised Code, for any injury, death, or loss | 913 |
to person or property that allegedly was caused by or related to a | 914 |
licensee bringing a handgun onto any premises or property owned, | 915 |
leased, or otherwise under the control of the political | 916 |
subdivision. As used in this division, "political subdivision" has | 917 |
the same meaning as in section 2744.01 of the Revised Code. | 918 |
(3)(a) Except as provided in division (C)(3)(b) or (c) of | 919 |
this section, the owner or person in control of private land or | 920 |
premises, and a private person or entity leasing land or premises | 921 |
owned by the state, the United States, or a political subdivision | 922 |
of the state or the United States, may post a sign in a | 923 |
conspicuous location on that land or on those premises prohibiting | 924 |
persons from carrying firearms or concealed firearms on or onto | 925 |
that land or those premises. Except as otherwise provided in this | 926 |
division, a person who knowingly violates a posted prohibition of | 927 |
that nature is guilty of criminal trespass in violation of | 928 |
division (A)(4) of section 2911.21 of the Revised Code and is | 929 |
guilty of a misdemeanor of the fourth degree. If a person | 930 |
knowingly violates a posted prohibition of that nature and the | 931 |
posted land or premises primarily was a parking lot or other | 932 |
parking facility, the person is not guilty of criminal trespass in | 933 |
violation of division (A)(4) of section 2911.21 of the Revised | 934 |
Code and instead is subject only to a civil cause of action for | 935 |
trespass based on the violation. | 936 |
(D) A person who holds a concealed handgun license issued by | 957 |
another state that is recognized by the attorney general pursuant | 958 |
to a reciprocity agreement entered into pursuant to section 109.69 | 959 |
of the Revised Code has the same right to carry a concealed | 960 |
handgun in this state as a person who was issued a concealed | 961 |
handgun license under section 2923.125 of the Revised Code and is | 962 |
subject to the same restrictions that apply to a person who | 963 |
carries a license issued under that section. | 964 |
(F)(1) A qualified retired peace officer who possesses a | 970 |
retired peace officer identification card issued pursuant to | 971 |
division (F)(2) of this section and a valid firearms | 972 |
requalification certification issued pursuant to division (F)(3) | 973 |
of this section has the same right to carry a concealed handgun in | 974 |
this state as a person who was issued a concealed handgun license | 975 |
under section 2923.125 of the Revised Code and is subject to the | 976 |
same restrictions that apply to a person who carries a license | 977 |
issued under that section. For purposes of reciprocity with other | 978 |
states, a qualified retired peace officer who possesses a retired | 979 |
peace officer identification card issued pursuant to division | 980 |
(F)(2) of this section and a valid firearms requalification | 981 |
certification issued pursuant to division (F)(3) of this section | 982 |
shall be considered to be a licensee in this state. | 983 |
(2)(a) Each public agency of this state or of a political | 984 |
subdivision of this state that is served by one or more peace | 985 |
officers shall issue a retired peace officer identification card | 986 |
to any person who retired from service as a peace officer with | 987 |
that agency, if the issuance is in accordance with the agency's | 988 |
policies and procedures and if the person, with respect to the | 989 |
person's service with that agency, satisfies all of the following: | 990 |
(iv) Before retiring from service as a peace officer with | 1002 |
that agency, the person was regularly employed as a peace officer | 1003 |
for an aggregate of fifteen years or more, or, in the alternative, | 1004 |
the person retired from service as a peace officer with that | 1005 |
agency, after completing any applicable probationary period of | 1006 |
that service, due to a service-connected disability, as determined | 1007 |
by the agency. | 1008 |
(b) A retired peace officer identification card issued to a | 1009 |
person under division (F)(2)(a) of this section shall identify the | 1010 |
person by name, contain a photograph of the person, identify the | 1011 |
public agency of this state or of the political subdivision of | 1012 |
this state from which the person retired as a peace officer and | 1013 |
that is issuing the identification card, and specify that the | 1014 |
person retired in good standing from service as a peace officer | 1015 |
with the issuing public agency and satisfies the criteria set | 1016 |
forth in divisions (F)(2)(a)(i) to (iv) of this section. In | 1017 |
addition to the required content specified in this division, a | 1018 |
retired peace officer identification card issued to a person under | 1019 |
division (F)(2)(a) of this section may include the firearms | 1020 |
requalification certification described in division (F)(3) of this | 1021 |
section, and if the identification card includes that | 1022 |
certification, the identification card shall serve as the firearms | 1023 |
requalification certification for the retired peace officer. If | 1024 |
the issuing public agency issues credentials to active law | 1025 |
enforcement officers who serve the agency, the agency may comply | 1026 |
with division (F)(2)(a) of this section by issuing the same | 1027 |
credentials to persons who retired from service as a peace officer | 1028 |
with the agency and who satisfy the criteria set forth in | 1029 |
divisions (F)(2)(a)(i) to (iv) of this section, provided that the | 1030 |
credentials so issued to retired peace officers are stamped with | 1031 |
the word "RETIRED." | 1032 |
(3) If a person retired from service as a peace officer with | 1038 |
a public agency of this state or of a political subdivision of | 1039 |
this state and the person satisfies the criteria set forth in | 1040 |
divisions (F)(2)(a)(i) to (iv) of this section, the public agency | 1041 |
may provide the retired peace officer with the opportunity to | 1042 |
attend a firearms requalification program that is approved for | 1043 |
purposes of firearms requalification required under section | 1044 |
109.801 of the Revised Code. The retired peace officer may be | 1045 |
required to pay the cost of the course. | 1046 |
If a retired peace officer who satisfies the criteria set | 1047 |
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a | 1048 |
firearms requalification program that is approved for purposes of | 1049 |
firearms requalification required under section 109.801 of the | 1050 |
Revised Code, the retired peace officer's successful completion of | 1051 |
the firearms requalification program requalifies the retired peace | 1052 |
officer for purposes of division (F) of this section for five | 1053 |
years from the date on which the program was successfully | 1054 |
completed, and the requalification is valid during that five-year | 1055 |
period. If a retired peace officer who satisfies the criteria set | 1056 |
forth in divisions (F)(2)(a)(i) to (iv) of this section | 1057 |
satisfactorily completes such a firearms requalification program, | 1058 |
the retired peace officer shall be issued a firearms | 1059 |
requalification certification that identifies the retired peace | 1060 |
officer by name, identifies the entity that taught the program, | 1061 |
specifies that the retired peace officer successfully completed | 1062 |
the program, specifies the date on which the course was | 1063 |
successfully completed, and specifies that the requalification is | 1064 |
valid for five years from that date of successful completion. The | 1065 |
firearms requalification certification for a retired peace officer | 1066 |
may be included in the retired peace officer identification card | 1067 |
issued to the retired peace officer under division (F)(2) of this | 1068 |
section. | 1069 |
Sec. 2923.1212. (A) TheSubject to division (C) of this | 1130 |
section, the following persons, boards, and entities, or | 1131 |
designees, shall post in the following locations a sign that | 1132 |
contains a statement in substantially the following form: "Unless | 1133 |
otherwise authorized by law, pursuant to the Ohio Revised Code, no | 1134 |
person shall knowingly possess, have under the person's control, | 1135 |
convey, or attempt to convey a deadly weapon or dangerous ordnance | 1136 |
onto these premises.": | 1137 |
(4) Each sheriff, chief of police, or person in charge of | 1148 |
every county, multicounty, municipal, municipal-county, or | 1149 |
multicounty-municipal jail or workhouse, community-based | 1150 |
correctional facility, halfway house, alternative residential | 1151 |
facility, or other local or state correctional institution or | 1152 |
detention facility within the state, or that person's designee, in | 1153 |
a conspicuous location at that facility under that person's | 1154 |
charge; | 1155 |
(9) The officer of this state or of a political subdivision | 1170 |
of this state, or the officer's designee, who has charge of a | 1171 |
building that is a government facility of this state or the | 1172 |
political subdivision of this state, as defined in section | 1173 |
2923.126 of the Revised Code, and that is not a building that is | 1174 |
used primarily as a shelter, restroom, parking facility for motor | 1175 |
vehicles, or rest facility and is not a courthouse or other | 1176 |
building or structure in which a courtroom is located that is | 1177 |
subject to division (B)(3) of that section. | 1178 |
(B) TheSubject to division (C) of this section, the | 1179 |
following boards, bodies, and persons, or designees, shall post in | 1180 |
the following locations a sign that contains a statement in | 1181 |
substantially the following form: "Unless otherwise authorized by | 1182 |
law, pursuant to Ohio Revised Code section 2923.122, no person | 1183 |
shall knowingly possess, have under the person's control, convey, | 1184 |
or attempt to convey a deadly weapon or dangerous ordnance into a | 1185 |
school safety zone.": | 1186 |
(C) If any premises identified in division (A) or (B) of this | 1199 |
section is not a secure facility, and if under any provision of | 1200 |
division (B) of section 2923.126 of the Revised Code a person who | 1201 |
has been issued and possesses a valid concealed handgun license | 1202 |
may carry a concealed handgun into or in the premises, the sign | 1203 |
posted by the person, board, entity, or designee under division | 1204 |
(A) or (B) of this section shall include the statements required | 1205 |
under division (A) or (B) of this section and a statement that the | 1206 |
restriction described in the sign does not apply to a person who | 1207 |
has been issued and possesses a valid concealed handgun license | 1208 |
and who possesses a concealed handgun. | 1209 |
Section 6. The General Assembly, applying the principle | 1217 |
stated in division (B) of section 1.52 of the Revised Code that | 1218 |
amendments are to be harmonized if reasonably capable of | 1219 |
simultaneous operation, finds that section 2923.122 of the Revised | 1220 |
Code as amended by both Am. Sub. H.B. 495 and Am. Sub. S.B. 337 of | 1221 |
the 129th General Assembly is the resulting version of the section | 1222 |
in effect prior to the effective date of the section as presented | 1223 |
in this act. | 1224 |