As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 231


Representative Maag 

Cosponsors: Representatives Adams, J., Beck, Becker, Brenner, Buchy, Hood, Johnson, Retherford 



A BILL
To amend sections 2923.12, 2923.122, 2923.126, and 1
2923.16 of the Revised Code to extend to handguns 2
affirmative defenses to a charge of carrying a 3
concealed weapon or having or transporting a 4
firearm in a motor vehicle, to modify the 5
prohibition against carrying a concealed handgun 6
onto institutions of higher education, places of 7
worship, day-care facilities, aircraft, certain 8
government facilities, public areas of airport 9
terminals and police stations, and school safety 10
zones, and to amend the version of section 11
2923.126 of the Revised Code that is scheduled to 12
take effect January 1, 2014, to continue the 13
provisions of this act on and after that effective 14
date.15


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

       Section 1. That sections 2923.12, 2923.122, 2923.126, and 16
2923.16 of the Revised Code be amended to read as follows:17

       Sec. 2923.12.  (A) No person shall knowingly carry or have, 18
concealed on the person's person or concealed ready at hand, any 19
of the following:20

       (1) A deadly weapon other than a handgun;21

       (2) A handgun other than a dangerous ordnance;22

       (3) A dangerous ordnance.23

       (B) No person who has been issued a concealed handgun license 24
shall do any of the following:25

       (1) If the person is stopped for a law enforcement purpose 26
and is carrying a concealed handgun, fail to promptly inform any 27
law enforcement officer who approaches the person after the person 28
has been stopped that the person has been issued a concealed 29
handgun license and that the person then is carrying a concealed 30
handgun;31

       (2) If the person is stopped for a law enforcement purpose 32
and is carrying a concealed handgun, knowingly fail to keep the 33
person's hands in plain sight at any time after any law 34
enforcement officer begins approaching the person while stopped 35
and before the law enforcement officer leaves, unless the failure 36
is pursuant to and in accordance with directions given by a law 37
enforcement officer;38

        (3) If the person is stopped for a law enforcement purpose, 39
if the person is carrying a concealed handgun, and if the person 40
is approached by any law enforcement officer while stopped, 41
knowingly remove or attempt to remove the loaded handgun from the 42
holster, pocket, or other place in which the person is carrying 43
it, knowingly grasp or hold the loaded handgun, or knowingly have 44
contact with the loaded handgun by touching it with the person's 45
hands or fingers at any time after the law enforcement officer 46
begins approaching and before the law enforcement officer leaves, 47
unless the person removes, attempts to remove, grasps, holds, or 48
has contact with the loaded handgun pursuant to and in accordance 49
with directions given by the law enforcement officer;50

        (4) If the person is stopped for a law enforcement purpose 51
and is carrying a concealed handgun, knowingly disregard or fail 52
to comply with any lawful order of any law enforcement officer 53
given while the person is stopped, including, but not limited to, 54
a specific order to the person to keep the person's hands in plain 55
sight.56

       (C)(1) This section does not apply to any of the following:57

       (a) An officer, agent, or employee of this or any other state 58
or the United States, or to a law enforcement officer, who is 59
authorized to carry concealed weapons or dangerous ordnance or is 60
authorized to carry handguns and is acting within the scope of the 61
officer's, agent's, or employee's duties;62

       (b) Any person who is employed in this state, who is 63
authorized to carry concealed weapons or dangerous ordnance or is 64
authorized to carry handguns, and who is subject to and in 65
compliance with the requirements of section 109.801 of the Revised 66
Code, unless the appointing authority of the person has expressly 67
specified that the exemption provided in division (C)(1)(b) of 68
this section does not apply to the person;69

       (c) A person's transportation or storage of a firearm, other 70
than a firearm described in divisions (G) to (M) of section 71
2923.11 of the Revised Code, in a motor vehicle for any lawful 72
purpose if the firearm is not on the actor's person;73

       (d) A person's storage or possession of a firearm, other than 74
a firearm described in divisions (G) to (M) of section 2923.11 of 75
the Revised Code, in the actor's own home for any lawful purpose.76

       (2) Division (A)(2) of this section does not apply to any 77
person who, at the time of the alleged carrying or possession of a 78
handgun, is carrying a valid concealed handgun license, unless the 79
person knowingly is in a place described in division (B) of 80
section 2923.126 of the Revised Code.81

       (D) It is an affirmative defense to a charge under division 82
(A)(1) or (2) of this section of carrying or having control of a 83
weapon other than a handgun and other than a dangerous ordnance 84
that the actor was not otherwise prohibited by law from having the 85
weapon and that any of the following applies:86

       (1) The weapon was carried or kept ready at hand by the actor 87
for defensive purposes while the actor was engaged in or was going 88
to or from the actor's lawful business or occupation, which 89
business or occupation was of a character or was necessarily 90
carried on in a manner or at a time or place as to render the 91
actor particularly susceptible to criminal attack, such as would 92
justify a prudent person in going armed.93

       (2) The weapon was carried or kept ready at hand by the actor 94
for defensive purposes while the actor was engaged in a lawful 95
activity and had reasonable cause to fear a criminal attack upon 96
the actor, a member of the actor's family, or the actor's home, 97
such as would justify a prudent person in going armed.98

       (3) The weapon was carried or kept ready at hand by the actor 99
for any lawful purpose and while in the actor's own home.100

       (E) No person who is charged with a violation of this section 101
shall be required to obtain a concealed handgun license as a 102
condition for the dismissal of the charge.103

       (F)(1) Whoever violates this section is guilty of carrying 104
concealed weapons. Except as otherwise provided in this division 105
or division (F)(2) or (3) of this section, carrying concealed 106
weapons in violation of division (A) of this section is a 107
misdemeanor of the first degree. Except as otherwise provided in 108
this division or division (F)(2) or (3) of this section, if the 109
offender previously has been convicted of a violation of this 110
section or of any offense of violence, if the weapon involved is a 111
firearm that is either loaded or for which the offender has 112
ammunition ready at hand, or if the weapon involved is dangerous 113
ordnance, carrying concealed weapons in violation of division (A) 114
of this section is a felony of the fourth degree. Except as 115
otherwise provided in division (F)(2) of this section, if the 116
offense is committed aboard an aircraft, or with purpose to carry 117
a concealed weapon aboard an aircraft, regardless of the weapon 118
involved, carrying concealed weapons in violation of division (A) 119
of this section is a felony of the third degree.120

       (2) If a person being arrested for a violation of division 121
(A)(2) of this section promptly produces a valid concealed handgun 122
license, and if at the time of the violation the person was not 123
knowingly in a place described in division (B) of section 2923.126 124
of the Revised Code, the officer shall not arrest the person for a 125
violation of that division. If the person is not able to promptly 126
produce any concealed handgun license and if the person is not in 127
a place described in that section, the officer may arrest the 128
person for a violation of that division, and the offender shall be 129
punished as follows:130

       (a) The offender shall be guilty of a minor misdemeanor if 131
both of the following apply:132

       (i) Within ten days after the arrest, the offender presents a 133
concealed handgun license, which license was valid at the time of 134
the arrest to the law enforcement agency that employs the 135
arresting officer.136

       (ii) At the time of the arrest, the offender was not 137
knowingly in a place described in division (B) of section 2923.126 138
of the Revised Code.139

       (b) The offender shall be guilty of a misdemeanor and shall 140
be fined five hundred dollars if all of the following apply:141

       (i) The offender previously had been issued a concealed 142
handgun license, and that license expired within the two years 143
immediately preceding the arrest.144

       (ii) Within forty-five days after the arrest, the offender 145
presents a concealed handgun license to the law enforcement agency 146
that employed the arresting officer, and the offender waives in 147
writing the offender's right to a speedy trial on the charge of 148
the violation that is provided in section 2945.71 of the Revised 149
Code.150

       (iii) At the time of the commission of the offense, the 151
offender was not knowingly in a place described in division (B) of 152
section 2923.126 of the Revised Code.153

       (c) If neither division (F)(2)(a) nor (b) of this section 154
applies, the offender shall be punished under division (F)(1) or 155
(3) of this section.156

       (3) If a person being arrested for a violation of division 157
(A)(2) of this section is knowingly in a place described in 158
division (B)(5) of section 2923.126 of the Revised Code, is not 159
authorized to carry a handgun or have a handgun concealed on the 160
person's person or concealed ready at hand under that division, 161
and produces a valid concealed handgun license within ten days 162
after the arrest, the person is guilty of a minor misdemeanor.163

        (4) Except as otherwise provided in this division, carrying 164
concealed weapons in violation of division (B)(1) of this section 165
is a misdemeanor of the first degree, and, in addition to any 166
other penalty or sanction imposed for a violation of division 167
(B)(1) of this section, the offender's concealed handgun license 168
shall be suspended pursuant to division (A)(2) of section 2923.128 169
of the Revised Code. If, at the time of the stop of the offender 170
for a law enforcement purpose that was the basis of the violation, 171
any law enforcement officer involved with the stop had actual 172
knowledge that the offender has been issued a concealed handgun 173
license, carrying concealed weapons in violation of division 174
(B)(1) of this section is a minor misdemeanor, and the offender's 175
concealed handgun license shall not be suspended pursuant to 176
division (A)(2) of section 2923.128 of the Revised Code.177

       (4)(5) Carrying concealed weapons in violation of division 178
(B)(2) or (4) of this section is a misdemeanor of the first degree 179
or, if the offender previously has been convicted of or pleaded 180
guilty to a violation of division (B)(2) or (4) of this section, a 181
felony of the fifth degree. In addition to any other penalty or 182
sanction imposed for a misdemeanor violation of division (B)(2) or 183
(4) of this section, the offender's concealed handgun license 184
shall be suspended pursuant to division (A)(2) of section 2923.128 185
of the Revised Code.186

       (5)(6) Carrying concealed weapons in violation of division 187
(B)(3) of this section is a felony of the fifth degree.188

       (G) If a law enforcement officer stops a person to question 189
the person regarding a possible violation of this section, for a 190
traffic stop, or for any other law enforcement purpose, if the 191
person surrenders a firearm to the officer, either voluntarily or 192
pursuant to a request or demand of the officer, and if the officer 193
does not charge the person with a violation of this section or 194
arrest the person for any offense, the person is not otherwise 195
prohibited by law from possessing the firearm, and the firearm is 196
not contraband, the officer shall return the firearm to the person 197
at the termination of the stop. If a court orders a law 198
enforcement officer to return a firearm to a person pursuant to 199
the requirement set forth in this division, division (B) of 200
section 2923.163 of the Revised Code applies.201

       Sec. 2923.122.  (A) No person shall knowingly convey, or 202
attempt to convey, a deadly weapon or dangerous ordnance into a 203
school safety zone.204

       (B) No person shall knowingly possess a deadly weapon or 205
dangerous ordnance in a school safety zone.206

       (C) No person shall knowingly possess an object in a school 207
safety zone if both of the following apply:208

       (1) The object is indistinguishable from a firearm, whether 209
or not the object is capable of being fired.210

       (2) The person indicates that the person possesses the object 211
and that it is a firearm, or the person knowingly displays or 212
brandishes the object and indicates that it is a firearm.213

       (D)(1) This section does not apply to any of the following:214

       (a) An officer, agent, or employee of this or any other state 215
or the United States, or a law enforcement officer, who is 216
authorized to carry deadly weapons or dangerous ordnance and is 217
acting within the scope of the officer's, agent's, or employee's 218
duties, a security officer employed by a board of education or 219
governing body of a school during the time that the security 220
officer is on duty pursuant to that contract of employment, or any 221
other person who has written authorization from the board of 222
education or governing body of a school to convey deadly weapons 223
or dangerous ordnance into a school safety zone or to possess a 224
deadly weapon or dangerous ordnance in a school safety zone and 225
who conveys or possesses the deadly weapon or dangerous ordnance 226
in accordance with that authorization;227

       (b) Any person who is employed in this state, who is 228
authorized to carry deadly weapons or dangerous ordnance, and who 229
is subject to and in compliance with the requirements of section 230
109.801 of the Revised Code, unless the appointing authority of 231
the person has expressly specified that the exemption provided in 232
division (D)(1)(b) of this section does not apply to the person. 233

       (2) Division (C) of this section does not apply to premises 234
upon which home schooling is conducted. Division (C) of this 235
section also does not apply to a school administrator, teacher, or 236
employee who possesses an object that is indistinguishable from a 237
firearm for legitimate school purposes during the course of 238
employment, a student who uses an object that is indistinguishable 239
from a firearm under the direction of a school administrator, 240
teacher, or employee, or any other person who with the express 241
prior approval of a school administrator possesses an object that 242
is indistinguishable from a firearm for a legitimate purpose, 243
including the use of the object in a ceremonial activity, a play, 244
reenactment, or other dramatic presentation, or a ROTC activity or 245
another similar use of the object.246

       (3) This section does not apply to a person who conveys or 247
attempts to convey a handgun into, or possesses a handgun in, a 248
school safety zone if, at the time of that conveyance, attempted 249
conveyance, or possession of the handgun, all of the following 250
apply:251

        (a) The person does not enter into a school building or onto 252
school premises and is not at a school activity.253

       (b) The person is carrying a valid concealed handgun license.254

       (c) The person is in the school safety zone in accordance 255
with 18 U.S.C. 922(q)(2)(B).256

       (d) The person is not knowingly in a place described in 257
division (B)(1) or (B)(3) to (10)(6) of section 2923.126 of the 258
Revised Code.259

       (4) This section does not apply to a person who conveys or 260
attempts to convey a handgun into, or possesses a handgun in, a 261
school safety zone if at the time of that conveyance, attempted 262
conveyance, or possession of the handgun all of the following 263
apply:264

       (a) The person is carrying a valid concealed handgun license.265

       (b) The person is the driver or passengerleaves the handgun266
in a motor vehicle and is in the school safety zone while 267
immediately in the process of picking up or dropping off a child.268

       (c) The person is not in violation of section 2923.16 of the 269
Revised Code.270

       (E)(1) Whoever violates division (A) or (B) of this section 271
is guilty of illegal conveyance or possession of a deadly weapon 272
or dangerous ordnance in a school safety zone. Except as otherwise 273
provided in this division, illegal conveyance or possession of a 274
deadly weapon or dangerous ordnance in a school safety zone is a 275
felony of the fifth degree. If the offender previously has been 276
convicted of a violation of this section, illegal conveyance or 277
possession of a deadly weapon or dangerous ordnance in a school 278
safety zone is a felony of the fourth degree.279

       (2) Whoever violates division (C) of this section is guilty 280
of illegal possession of an object indistinguishable from a 281
firearm in a school safety zone. Except as otherwise provided in 282
this division, illegal possession of an object indistinguishable 283
from a firearm in a school safety zone is a misdemeanor of the 284
first degree. If the offender previously has been convicted of a 285
violation of this section, illegal possession of an object 286
indistinguishable from a firearm in a school safety zone is a 287
felony of the fifth degree.288

       (F)(1) In addition to any other penalty imposed upon a person 289
who is convicted of or pleads guilty to a violation of this 290
section and subject to division (F)(2) of this section, if the 291
offender has not attained nineteen years of age, regardless of 292
whether the offender is attending or is enrolled in a school 293
operated by a board of education or for which the state board of 294
education prescribes minimum standards under section 3301.07 of 295
the Revised Code, the court shall impose upon the offender a class 296
four suspension of the offender's probationary driver's license, 297
restricted license, driver's license, commercial driver's license, 298
temporary instruction permit, or probationary commercial driver's 299
license that then is in effect from the range specified in 300
division (A)(4) of section 4510.02 of the Revised Code and shall 301
deny the offender the issuance of any permit or license of that 302
type during the period of the suspension.303

       If the offender is not a resident of this state, the court 304
shall impose a class four suspension of the nonresident operating 305
privilege of the offender from the range specified in division 306
(A)(4) of section 4510.02 of the Revised Code.307

       (2) If the offender shows good cause why the court should not 308
suspend one of the types of licenses, permits, or privileges 309
specified in division (F)(1) of this section or deny the issuance 310
of one of the temporary instruction permits specified in that 311
division, the court in its discretion may choose not to impose the 312
suspension, revocation, or denial required in that division, but 313
the court, in its discretion, instead may require the offender to 314
perform community service for a number of hours determined by the 315
court.316

       (G) As used in this section, "object that is 317
indistinguishable from a firearm" means an object made, 318
constructed, or altered so that, to a reasonable person without 319
specialized training in firearms, the object appears to be a 320
firearm.321

       Sec. 2923.126.  (A) A concealed handgun license that is 322
issued under section 2923.125 of the Revised Code shall expire 323
five years after the date of issuance. A licensee who has been 324
issued a license under that section shall be granted a grace 325
period of thirty days after the licensee's license expires during 326
which the licensee's license remains valid. Except as provided in 327
divisions (B) and (C) of this section, a licensee who has been 328
issued a concealed handgun license under section 2923.125 or 329
2923.1213 of the Revised Code may carry a concealed handgun 330
anywhere in this state if the licensee also carries a valid 331
license and valid identification when the licensee is in actual 332
possession of a concealed handgun. The licensee shall give notice 333
of any change in the licensee's residence address to the sheriff 334
who issued the license within forty-five days after that change.335

       If a licensee is the driver or an occupant of a motor vehicle 336
that is stopped as the result of a traffic stop or a stop for 337
another law enforcement purpose and if the licensee is 338
transporting or has a loaded handgun in the motor vehicle at that 339
time, the licensee shall promptly inform any law enforcement 340
officer who approaches the vehicle while stopped that the licensee 341
has been issued a concealed handgun license and that the licensee 342
currently possesses or has a loaded handgun; the licensee shall 343
not knowingly disregard or fail to comply with lawful orders of a 344
law enforcement officer given while the motor vehicle is stopped, 345
knowingly fail to remain in the motor vehicle while stopped, or 346
knowingly fail to keep the licensee's hands in plain sight after 347
any law enforcement officer begins approaching the licensee while 348
stopped and before the officer leaves, unless directed otherwise 349
by a law enforcement officer; and the licensee shall not knowingly 350
have contact with the loaded handgun by touching it with the 351
licensee's hands or fingers, in any manner in violation of 352
division (E) of section 2923.16 of the Revised Code, after any law 353
enforcement officer begins approaching the licensee while stopped 354
and before the officer leaves. Additionally, if a licensee is the 355
driver or an occupant of a commercial motor vehicle that is 356
stopped by an employee of the motor carrier enforcement unit for 357
the purposes defined in section 5503.04 of the Revised Code and if 358
the licensee is transporting or has a loaded handgun in the 359
commercial motor vehicle at that time, the licensee shall promptly 360
inform the employee of the unit who approaches the vehicle while 361
stopped that the licensee has been issued a concealed handgun 362
license and that the licensee currently possesses or has a loaded 363
handgun. 364

       If a licensee is stopped for a law enforcement purpose and if 365
the licensee is carrying a concealed handgun at the time the 366
officer approaches, the licensee shall promptly inform any law 367
enforcement officer who approaches the licensee while stopped that 368
the licensee has been issued a concealed handgun license and that 369
the licensee currently is carrying a concealed handgun; the 370
licensee shall not knowingly disregard or fail to comply with 371
lawful orders of a law enforcement officer given while the 372
licensee is stopped or knowingly fail to keep the licensee's hands 373
in plain sight after any law enforcement officer begins 374
approaching the licensee while stopped and before the officer 375
leaves, unless directed otherwise by a law enforcement officer; 376
and the licensee shall not knowingly remove, attempt to remove, 377
grasp, or hold the loaded handgun or knowingly have contact with 378
the loaded handgun by touching it with the licensee's hands or 379
fingers, in any manner in violation of division (B) of section 380
2923.12 of the Revised Code, after any law enforcement officer 381
begins approaching the licensee while stopped and before the 382
officer leaves.383

        (B) A valid concealed handgun license does not authorize the 384
licensee to carry a concealed handgun in any manner prohibited 385
under division (B) of section 2923.12 of the Revised Code or in 386
any manner prohibited under section 2923.16 of the Revised Code. A 387
valid license does not authorize the licensee to carry a concealed 388
handgun into any of the following places:389

       (1) AAny area of a police station, sheriff's office, or 390
state highway patrol station,to which the public does not have 391
access; premises controlled by the bureau of criminal 392
identification and investigation,; a state correctional 393
institution, jail, workhouse, or other detention facility,; any 394
area of an airport passenger terminal,that is beyond a passenger 395
or property screening checkpoint or to which access is restricted 396
through security measures by the airport authority or a public 397
agency; or an institution that is maintained, operated, managed, 398
and governed pursuant to division (A) of section 5119.02 of the 399
Revised Code or division (A)(1) of section 5123.03 of the Revised 400
Code;401

        (2) A school safety zone if the licensee's carrying the 402
concealed handgun is in violation of section 2923.122 of the 403
Revised Code;404

       (3) A courthouse or another building or structure in which a 405
courtroom is located, in violation of section 2923.123 of the 406
Revised Code;407

       (4) Any premises or open air arena for which a D permit has 408
been issued under Chapter 4303. of the Revised Code if the 409
licensee's carrying the concealed handgun is in violation of 410
section 2923.121 of the Revised Code;411

        (5) Any premises owned or leased by any public or private 412
college, university, or other institution of higher education, 413
unless the handgun is in a locked motor vehicle or the licensee is 414
in the immediate process of placing the handgun in a locked motor 415
vehicle or unless the licensee is carrying the concealed handgun 416
pursuant to a written policy, rule, or other authorization that is 417
adopted by the institution's board of trustees or other governing 418
body and that authorizes specific individuals or classes of 419
individuals to carry a concealed handgun on the premises;420

       (6) Any church, synagogue, mosque, or other place of 421
worship, unless the church, synagogue, mosque, or other place of 422
worship posts or permits otherwise;423

       (7) A child day-care center, a type A family day-care home, a 424
type B family day-care home, or a type C family day-care home, 425
except that this division does not prohibit a licensee who resides 426
in a type A family day-care home, a type B family day-care home, 427
or a type C family day-care home from carrying a concealed handgun 428
at any time in any part of the home that is not dedicated or used 429
for day-care purposes, or from carrying a concealed handgun in a 430
part of the home that is dedicated or used for day-care purposes 431
at any time during which no children, other than children of that 432
licensee, are in the home;433

       (8) An aircraft that is in, or intended for operation in, 434
foreign air transportation, interstate air transportation, 435
intrastate air transportation, or the transportation of mail by 436
aircraft;437

       (9) Any building that is a government facility of this state 438
or a political subdivision of this state and that is not a 439
building that is used primarily as a shelter, restroom, parking 440
facility for motor vehicles, or rest facility and is not a 441
courthouse or other building or structure in which a courtroom is 442
located that is subject to division (B)(3) of this section;443

       (10) A place in which federal law prohibits the carrying of 444
handguns.445

       (C)(1) Nothing in this section shall negate or restrict a 446
rule, policy, or practice of a private employer that is not a 447
private college, university, or other institution of higher 448
education concerning or prohibiting the presence of firearms on 449
the private employer's premises or property, including motor 450
vehicles owned by the private employer. Nothing in this section 451
shall require a private employer of that nature to adopt a rule, 452
policy, or practice concerning or prohibiting the presence of 453
firearms on the private employer's premises or property, including 454
motor vehicles owned by the private employer.455

       (2)(a) A private employer shall be immune from liability in a 456
civil action for any injury, death, or loss to person or property 457
that allegedly was caused by or related to a licensee bringing a 458
handgun onto the premises or property of the private employer, 459
including motor vehicles owned by the private employer, unless the 460
private employer acted with malicious purpose. A private employer 461
is immune from liability in a civil action for any injury, death, 462
or loss to person or property that allegedly was caused by or 463
related to the private employer's decision to permit a licensee to 464
bring, or prohibit a licensee from bringing, a handgun onto the 465
premises or property of the private employer. As used in this 466
division, "private employer" includes a private college, 467
university, or other institution of higher education.468

       (b) A political subdivision shall be immune from liability in 469
a civil action, to the extent and in the manner provided in 470
Chapter 2744. of the Revised Code, for any injury, death, or loss 471
to person or property that allegedly was caused by or related to a 472
licensee bringing a handgun onto any premises or property owned, 473
leased, or otherwise under the control of the political 474
subdivision. As used in this division, "political subdivision" has 475
the same meaning as in section 2744.01 of the Revised Code.476

       (c) An institution of higher education shall be immune from 477
liability in a civil action for any injury, death, or loss to 478
person or property that allegedly was caused by or related to a 479
licensee bringing a handgun onto the premises of the institution, 480
including motor vehicles owned by the institution, unless the 481
institution acted with malicious purpose. An institution of higher 482
education is immune from liability in a civil action for any 483
injury, death, or loss to person or property that allegedly was 484
caused by or related to the institution's decision to permit a 485
licensee or class of licensees to bring a handgun onto the 486
premises of the institution.487

       (3)(a) Except as provided in division (C)(3)(b) of this 488
section, the owner or person in control of private land or 489
premises, and a private person or entity leasing land or premises 490
owned by the state, the United States, or a political subdivision 491
of the state or the United States, may post a sign in a 492
conspicuous location on that land or on those premises prohibiting 493
persons from carrying firearms or concealed firearms on or onto 494
that land or those premises. Except as otherwise provided in this 495
division, a person who knowingly violates a posted prohibition of 496
that nature is guilty of criminal trespass in violation of 497
division (A)(4) of section 2911.21 of the Revised Code and is 498
guilty of a misdemeanor of the fourth degree. If a person 499
knowingly violates a posted prohibition of that nature and the 500
posted land or premises primarily was a parking lot or other 501
parking facility, the person is not guilty of criminal trespass in 502
violation of division (A)(4) of section 2911.21 of the Revised 503
Code and instead is subject only to a civil cause of action for 504
trespass based on the violation.505

       (b) A landlord may not prohibit or restrict a tenant who is a 506
licensee and who on or after September 9, 2008, enters into a 507
rental agreement with the landlord for the use of residential 508
premises, and the tenant's guest while the tenant is present, from 509
lawfully carrying or possessing a handgun on those residential 510
premises.511

       (c) As used in division (C)(3) of this section:512

       (i) "Residential premises" has the same meaning as in section 513
5321.01 of the Revised Code, except "residential premises" does 514
not include a dwelling unit that is owned or operated by a college 515
or university.516

       (ii) "Landlord," "tenant," and "rental agreement" have the 517
same meanings as in section 5321.01 of the Revised Code.518

        (D) A person who holds a concealed handgun license issued by 519
another state that is recognized by the attorney general pursuant 520
to a reciprocity agreement entered into pursuant to section 109.69 521
of the Revised Code has the same right to carry a concealed 522
handgun in this state as a person who was issued a concealed 523
handgun license under section 2923.125 of the Revised Code and is 524
subject to the same restrictions that apply to a person who 525
carries a license issued under that section.526

       (E) A peace officer has the same right to carry a concealed 527
handgun in this state as a person who was issued a concealed 528
handgun license under section 2923.125 of the Revised Code. For 529
purposes of reciprocity with other states, a peace officer shall 530
be considered to be a licensee in this state.531

       (F)(1) A qualified retired peace officer who possesses a 532
retired peace officer identification card issued pursuant to 533
division (F)(2) of this section and a valid firearms 534
requalification certification issued pursuant to division (F)(3) 535
of this section has the same right to carry a concealed handgun in 536
this state as a person who was issued a concealed handgun license 537
under section 2923.125 of the Revised Code and is subject to the 538
same restrictions that apply to a person who carries a license 539
issued under that section. For purposes of reciprocity with other 540
states, a qualified retired peace officer who possesses a retired 541
peace officer identification card issued pursuant to division 542
(F)(2) of this section and a valid firearms requalification 543
certification issued pursuant to division (F)(3) of this section 544
shall be considered to be a licensee in this state.545

        (2)(a) Each public agency of this state or of a political 546
subdivision of this state that is served by one or more peace 547
officers shall issue a retired peace officer identification card 548
to any person who retired from service as a peace officer with 549
that agency, if the issuance is in accordance with the agency's 550
policies and procedures and if the person, with respect to the 551
person's service with that agency, satisfies all of the following:552

        (i) The person retired in good standing from service as a 553
peace officer with the public agency, and the retirement was not 554
for reasons of mental instability.555

        (ii) Before retiring from service as a peace officer with 556
that agency, the person was authorized to engage in or supervise 557
the prevention, detection, investigation, or prosecution of, or 558
the incarceration of any person for, any violation of law and the 559
person had statutory powers of arrest.560

        (iii) At the time of the person's retirement as a peace 561
officer with that agency, the person was trained and qualified to 562
carry firearms in the performance of the peace officer's duties.563

        (iv) Before retiring from service as a peace officer with 564
that agency, the person was regularly employed as a peace officer 565
for an aggregate of fifteen years or more, or, in the alternative, 566
the person retired from service as a peace officer with that 567
agency, after completing any applicable probationary period of 568
that service, due to a service-connected disability, as determined 569
by the agency.570

        (b) A retired peace officer identification card issued to a 571
person under division (F)(2)(a) of this section shall identify the 572
person by name, contain a photograph of the person, identify the 573
public agency of this state or of the political subdivision of 574
this state from which the person retired as a peace officer and 575
that is issuing the identification card, and specify that the 576
person retired in good standing from service as a peace officer 577
with the issuing public agency and satisfies the criteria set 578
forth in divisions (F)(2)(a)(i) to (iv) of this section. In 579
addition to the required content specified in this division, a 580
retired peace officer identification card issued to a person under 581
division (F)(2)(a) of this section may include the firearms 582
requalification certification described in division (F)(3) of this 583
section, and if the identification card includes that 584
certification, the identification card shall serve as the firearms 585
requalification certification for the retired peace officer. If 586
the issuing public agency issues credentials to active law 587
enforcement officers who serve the agency, the agency may comply 588
with division (F)(2)(a) of this section by issuing the same 589
credentials to persons who retired from service as a peace officer 590
with the agency and who satisfy the criteria set forth in 591
divisions (F)(2)(a)(i) to (iv) of this section, provided that the 592
credentials so issued to retired peace officers are stamped with 593
the word "RETIRED."594

        (c) A public agency of this state or of a political 595
subdivision of this state may charge persons who retired from 596
service as a peace officer with the agency a reasonable fee for 597
issuing to the person a retired peace officer identification card 598
pursuant to division (F)(2)(a) of this section.599

        (3) If a person retired from service as a peace officer with 600
a public agency of this state or of a political subdivision of 601
this state and the person satisfies the criteria set forth in 602
divisions (F)(2)(a)(i) to (iv) of this section, the public agency 603
may provide the retired peace officer with the opportunity to 604
attend a firearms requalification program that is approved for 605
purposes of firearms requalification required under section 606
109.801 of the Revised Code. The retired peace officer may be 607
required to pay the cost of the course.608

        If a retired peace officer who satisfies the criteria set 609
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a 610
firearms requalification program that is approved for purposes of 611
firearms requalification required under section 109.801 of the 612
Revised Code, the retired peace officer's successful completion of 613
the firearms requalification program requalifies the retired peace 614
officer for purposes of division (F) of this section for five 615
years from the date on which the program was successfully 616
completed, and the requalification is valid during that five-year 617
period. If a retired peace officer who satisfies the criteria set 618
forth in divisions (F)(2)(a)(i) to (iv) of this section 619
satisfactorily completes such a firearms requalification program, 620
the retired peace officer shall be issued a firearms 621
requalification certification that identifies the retired peace 622
officer by name, identifies the entity that taught the program, 623
specifies that the retired peace officer successfully completed 624
the program, specifies the date on which the course was 625
successfully completed, and specifies that the requalification is 626
valid for five years from that date of successful completion. The 627
firearms requalification certification for a retired peace officer 628
may be included in the retired peace officer identification card 629
issued to the retired peace officer under division (F)(2) of this 630
section.631

        A retired peace officer who attends a firearms 632
requalification program that is approved for purposes of firearms 633
requalification required under section 109.801 of the Revised Code 634
may be required to pay the cost of the program.635

        (G) As used in this section:636

       (1) "Qualified retired peace officer" means a person who 637
satisfies all of the following:638

        (a) The person satisfies the criteria set forth in divisions 639
(F)(2)(a)(i) to (v) of this section.640

       (b) The person is not under the influence of alcohol or 641
another intoxicating or hallucinatory drug or substance.642

        (c) The person is not prohibited by federal law from 643
receiving firearms.644

       (2) "Retired peace officer identification card" means an 645
identification card that is issued pursuant to division (F)(2) of 646
this section to a person who is a retired peace officer.647

       (3) "Government facility of this state or a political 648
subdivision of this state" means any of the following:649

       (a) A building or part of a building that is owned or leased 650
by the government of this state or a political subdivision of this 651
state and where employees of the government of this state or the 652
political subdivision regularly are present for the purpose of 653
performing their official duties as employees of the state or 654
political subdivision;655

       (b) The office of a deputy registrar serving pursuant to 656
Chapter 4503. of the Revised Code that is used to perform deputy 657
registrar functions.658

       Sec. 2923.16.  (A) No person shall knowingly discharge a 659
firearm while in or on a motor vehicle.660

       (B) No person shall knowingly transport or have a loaded 661
firearm in a motor vehicle in such a manner that the firearm is 662
accessible to the operator or any passenger without leaving the 663
vehicle.664

       (C) No person shall knowingly transport or have a firearm in 665
a motor vehicle, unless the person may lawfully possess that 666
firearm under applicable law of this state or the United States, 667
the firearm is unloaded, and the firearm is carried in one of the 668
following ways:669

       (1) In a closed package, box, or case;670

       (2) In a compartment that can be reached only by leaving the 671
vehicle;672

       (3) In plain sight and secured in a rack or holder made for 673
the purpose;674

       (4) If the firearm is at least twenty-four inches in overall 675
length as measured from the muzzle to the part of the stock 676
furthest from the muzzle and if the barrel is at least eighteen 677
inches in length, either in plain sight with the action open or 678
the weapon stripped, or, if the firearm is of a type on which the 679
action will not stay open or which cannot easily be stripped, in 680
plain sight.681

       (D) No person shall knowingly transport or have a loaded 682
handgun in a motor vehicle if, at the time of that transportation 683
or possession, any of the following applies:684

       (1) The person is under the influence of alcohol, a drug of 685
abuse, or a combination of them.686

       (2) The person's whole blood, blood serum or plasma, breath, 687
or urine contains a concentration of alcohol, a listed controlled 688
substance, or a listed metabolite of a controlled substance 689
prohibited for persons operating a vehicle, as specified in 690
division (A) of section 4511.19 of the Revised Code, regardless of 691
whether the person at the time of the transportation or possession 692
as described in this division is the operator of or a passenger in 693
the motor vehicle.694

        (E) No person who has been issued a concealed handgun 695
license, who is the driver or an occupant of a motor vehicle that 696
is stopped as a result of a traffic stop or a stop for another law 697
enforcement purpose or is the driver or an occupant of a 698
commercial motor vehicle that is stopped by an employee of the 699
motor carrier enforcement unit for the purposes defined in section 700
5503.34 of the Revised Code, and who is transporting or has a 701
loaded handgun in the motor vehicle or commercial motor vehicle in 702
any manner, shall do any of the following:703

        (1) Fail to promptly inform any law enforcement officer who 704
approaches the vehicle while stopped that the person has been 705
issued a concealed handgun license and that the person then 706
possesses or has a loaded handgun in the motor vehicle;707

        (2) Fail to promptly inform the employee of the unit who 708
approaches the vehicle while stopped that the person has been 709
issued a concealed handgun license and that the person then 710
possesses or has a loaded handgun in the commercial motor vehicle;711

       (3) Knowingly fail to remain in the motor vehicle while 712
stopped or knowingly fail to keep the person's hands in plain 713
sight at any time after any law enforcement officer begins 714
approaching the person while stopped and before the law 715
enforcement officer leaves, unless the failure is pursuant to and 716
in accordance with directions given by a law enforcement officer;717

        (4) Knowingly have contact with the loaded handgun by 718
touching it with the person's hands or fingers in the motor 719
vehicle at any time after the law enforcement officer begins 720
approaching and before the law enforcement officer leaves, unless 721
the person has contact with the loaded handgun pursuant to and in 722
accordance with directions given by the law enforcement officer;723

        (5) Knowingly disregard or fail to comply with any lawful 724
order of any law enforcement officer given while the motor vehicle 725
is stopped, including, but not limited to, a specific order to the 726
person to keep the person's hands in plain sight.727

       (F)(1) Divisions (A), (B), (C), and (E) of this section do 728
not apply to any of the following:729

       (a) An officer, agent, or employee of this or any other state 730
or the United States, or a law enforcement officer, when 731
authorized to carry or have loaded or accessible firearms in motor 732
vehicles and acting within the scope of the officer's, agent's, or 733
employee's duties;734

       (b) Any person who is employed in this state, who is 735
authorized to carry or have loaded or accessible firearms in motor 736
vehicles, and who is subject to and in compliance with the 737
requirements of section 109.801 of the Revised Code, unless the 738
appointing authority of the person has expressly specified that 739
the exemption provided in division (F)(1)(b) of this section does 740
not apply to the person.741

       (2) Division (A) of this section does not apply to a person 742
if all of the following circumstances apply:743

       (a) The person discharges a firearm from a motor vehicle at a 744
coyote or groundhog, the discharge is not during the deer gun 745
hunting season as set by the chief of the division of wildlife of 746
the department of natural resources, and the discharge at the 747
coyote or groundhog, but for the operation of this section, is 748
lawful.749

       (b) The motor vehicle from which the person discharges the 750
firearm is on real property that is located in an unincorporated 751
area of a township and that either is zoned for agriculture or is 752
used for agriculture.753

       (c) The person owns the real property described in division 754
(F)(2)(b) of this section, is the spouse or a child of another 755
person who owns that real property, is a tenant of another person 756
who owns that real property, or is the spouse or a child of a 757
tenant of another person who owns that real property.758

       (d) The person does not discharge the firearm in any of the 759
following manners:760

       (i) While under the influence of alcohol, a drug of abuse, or 761
alcohol and a drug of abuse;762

       (ii) In the direction of a street, highway, or other public 763
or private property used by the public for vehicular traffic or 764
parking;765

       (iii) At or into an occupied structure that is a permanent or 766
temporary habitation;767

       (iv) In the commission of any violation of law, including, 768
but not limited to, a felony that includes, as an essential 769
element, purposely or knowingly causing or attempting to cause the 770
death of or physical harm to another and that was committed by 771
discharging a firearm from a motor vehicle.772

       (3) Division (A) of this section does not apply to a person 773
if all of the following apply:774

       (a) The person possesses a valid electric-powered all-purpose 775
vehicle permit issued under section 1533.103 of the Revised Code 776
by the chief of the division of wildlife.777

        (b) The person discharges a firearm at a wild quadruped or 778
game bird as defined in section 1531.01 of the Revised Code during 779
the open hunting season for the applicable wild quadruped or game 780
bird.781

        (c) The person discharges a firearm from a stationary 782
electric-powered all-purpose vehicle as defined in section 1531.01 783
of the Revised Code or a motor vehicle that is parked on a road 784
that is owned or administered by the division of wildlife, 785
provided that the road is identified by an electric-powered 786
all-purpose vehicle sign.787

        (d) The person does not discharge the firearm in any of the 788
following manners:789

        (i) While under the influence of alcohol, a drug of abuse, or 790
alcohol and a drug of abuse;791

        (ii) In the direction of a street, a highway, or other public 792
or private property that is used by the public for vehicular 793
traffic or parking;794

        (iii) At or into an occupied structure that is a permanent or 795
temporary habitation;796

        (iv) In the commission of any violation of law, including, 797
but not limited to, a felony that includes, as an essential 798
element, purposely or knowingly causing or attempting to cause the 799
death of or physical harm to another and that was committed by 800
discharging a firearm from a motor vehicle.801

        (4) Divisions (B) and (C) of this section do not apply to a 802
person if all of the following circumstances apply:803

       (a) At the time of the alleged violation of either of those 804
divisions, the person is the operator of or a passenger in a motor 805
vehicle.806

       (b) The motor vehicle is on real property that is located in 807
an unincorporated area of a township and that either is zoned for 808
agriculture or is used for agriculture.809

       (c) The person owns the real property described in division 810
(D)(4)(b) of this section, is the spouse or a child of another 811
person who owns that real property, is a tenant of another person 812
who owns that real property, or is the spouse or a child of a 813
tenant of another person who owns that real property.814

       (d) The person, prior to arriving at the real property 815
described in division (D)(4)(b) of this section, did not transport 816
or possess a firearm in the motor vehicle in a manner prohibited 817
by division (B) or (C) of this section while the motor vehicle was 818
being operated on a street, highway, or other public or private 819
property used by the public for vehicular traffic or parking.820

       (5) Divisions (B) and (C) of this section do not apply to a 821
person who transports or possesses a handgun in a motor vehicle 822
if, at the time of that transportation or possession, both of the 823
following apply:824

       (a) The person transporting or possessing the handgun is 825
carrying a valid concealed handgun license.826

       (b) The person transporting or possessing the handgun is not 827
knowingly in a place described in division (B) of section 2923.126 828
of the Revised Code.829

       (6) Divisions (B) and (C) of this section do not apply to a 830
person if all of the following apply:831

        (a) The person possesses a valid electric-powered all-purpose 832
vehicle permit issued under section 1533.103 of the Revised Code 833
by the chief of the division of wildlife.834

        (b) The person is on or in an electric-powered all-purpose 835
vehicle as defined in section 1531.01 of the Revised Code or a 836
motor vehicle during the open hunting season for a wild quadruped 837
or game bird.838

        (c) The person is on or in an electric-powered all-purpose 839
vehicle as defined in section 1531.01 of the Revised Code or a 840
motor vehicle that is parked on a road that is owned or 841
administered by the division of wildlife, provided that the road 842
is identified by an electric-powered all-purpose vehicle sign.843

       (7) Nothing in this section prohibits or restricts a person 844
from possessing, storing, or leaving a firearm in a locked motor 845
vehicle that is parked in the state underground parking garage at 846
the state capitol building or in the parking garage at the Riffe 847
center for government and the arts in Columbus, if the person's 848
transportation and possession of the firearm in the motor vehicle 849
while traveling to the premises or facility was not in violation 850
of division (A), (B), (C), (D), or (E) of this section or any 851
other provision of the Revised Code.852

       (G)(1) The affirmative defenses authorized in divisions 853
(D)(1) and (2) of section 2923.12 of the Revised Code are 854
affirmative defenses to a charge under division (B) or (C) of this 855
section that involves a firearm other than a handgun.856

       (2) It is an affirmative defense to a charge under division 857
(B) or (C) of this section of improperly handling firearms in a 858
motor vehicle that the actor transported or had the firearm in the 859
motor vehicle for any lawful purpose and while the motor vehicle 860
was on the actor's own property, provided that this affirmative 861
defense is not available unless the person, immediately prior to 862
arriving at the actor's own property, did not transport or possess 863
the firearm in a motor vehicle in a manner prohibited by division 864
(B) or (C) of this section while the motor vehicle was being 865
operated on a street, highway, or other public or private property 866
used by the public for vehicular traffic.867

       (H)(1) No person who is charged with a violation of division 868
(B), (C), or (D) of this section shall be required to obtain a 869
concealed handgun license as a condition for the dismissal of the 870
charge.871

       (2)(a) If a person is convicted of, was convicted of, pleads 872
guilty to, or has pleaded guilty to a violation of division (E) of 873
this section as it existed prior to September 30, 2011, and if the 874
conduct that was the basis of the violation no longer would be a 875
violation of division (E) of this section on or after September 876
30, 2011, the person may file an application under section 2953.37 877
of the Revised Code requesting the expungement of the record of 878
conviction.879

       If a person is convicted of, was convicted of, pleads guilty 880
to, or has pleaded guilty to a violation of division (B) or (C) of 881
this section as the division existed prior to September 30, 2011, 882
and if the conduct that was the basis of the violation no longer 883
would be a violation of division (B) or (C) of this section on or 884
after September 30, 2011, due to the application of division 885
(F)(5) of this section as it exists on and after September 30, 886
2011, the person may file an application under section 2953.37 of 887
the Revised Code requesting the expungement of the record of 888
conviction.889

       (b) The attorney general shall develop a public media 890
advisory that summarizes the expungement procedure established 891
under section 2953.37 of the Revised Code and the offenders 892
identified in division (H)(2)(a) of this section who are 893
authorized to apply for the expungement. Within thirty days after 894
September 30, 2011, the attorney general shall provide a copy of 895
the advisory to each daily newspaper published in this state and 896
each television station that broadcasts in this state. The 897
attorney general may provide the advisory in a tangible form, an 898
electronic form, or in both tangible and electronic forms.899

       (I) Whoever violates this section is guilty of improperly 900
handling firearms in a motor vehicle. Violation of division (A) of 901
this section is a felony of the fourth degree. Violation of 902
division (C) of this section is a misdemeanor of the fourth 903
degree. A violation of division (D) of this section is a felony of 904
the fifth degree or, if the loaded handgun is concealed on the 905
person's person, a felony of the fourth degree. Except as 906
otherwise provided in this division, a violation of division 907
(E)(1) or (2) of this section is a misdemeanor of the first 908
degree, and, in addition to any other penalty or sanction imposed 909
for the violation, the offender's concealed handgun license shall 910
be suspended pursuant to division (A)(2) of section 2923.128 of 911
the Revised Code. If at the time of the stop of the offender for a 912
traffic stop, for another law enforcement purpose, or for a 913
purpose defined in section 5503.34 of the Revised Code that was 914
the basis of the violation any law enforcement officer involved 915
with the stop or the employee of the motor carrier enforcement 916
unit who made the stop had actual knowledge of the offender's 917
status as a licensee, a violation of division (E)(1) or (2) of 918
this section is a minor misdemeanor, and the offender's concealed 919
handgun license shall not be suspended pursuant to division (A)(2) 920
of section 2923.128 of the Revised Code. A violation of division 921
(E)(4) of this section is a felony of the fifth degree. A 922
violation of division (E)(3) or (5) of this section is a 923
misdemeanor of the first degree or, if the offender previously has 924
been convicted of or pleaded guilty to a violation of division 925
(E)(3) or (5) of this section, a felony of the fifth degree. In 926
addition to any other penalty or sanction imposed for a 927
misdemeanor violation of division (E)(3) or (5) of this section, 928
the offender's concealed handgun license shall be suspended 929
pursuant to division (A)(2) of section 2923.128 of the Revised 930
Code. A violation of division (B) of this section is a felony of 931
the fourth degree.932

       (J) If a law enforcement officer stops a motor vehicle for a 933
traffic stop or any other purpose, if any person in the motor 934
vehicle surrenders a firearm to the officer, either voluntarily or 935
pursuant to a request or demand of the officer, and if the officer 936
does not charge the person with a violation of this section or 937
arrest the person for any offense, the person is not otherwise 938
prohibited by law from possessing the firearm, and the firearm is 939
not contraband, the officer shall return the firearm to the person 940
at the termination of the stop. If a court orders a law 941
enforcement officer to return a firearm to a person pursuant to 942
the requirement set forth in this division, division (B) of 943
section 2923.163 of the Revised Code applies.944

       (K) As used in this section:945

       (1) "Motor vehicle," "street," and "highway" have the same 946
meanings as in section 4511.01 of the Revised Code.947

       (2) "Occupied structure" has the same meaning as in section 948
2909.01 of the Revised Code.949

       (3) "Agriculture" has the same meaning as in section 519.01 950
of the Revised Code.951

       (4) "Tenant" has the same meaning as in section 1531.01 of 952
the Revised Code.953

       (5)(a) "Unloaded" means, with respect to a firearm other than 954
a firearm described in division (K)(6) of this section, that no 955
ammunition is in the firearm in question, no magazine or speed 956
loader containing ammunition is inserted into the firearm in 957
question, and one of the following applies:958

       (i) There is no ammunition in a magazine or speed loader that 959
is in the vehicle in question and that may be used with the 960
firearm in question.961

       (ii) Any magazine or speed loader that contains ammunition 962
and that may be used with the firearm in question is stored in a 963
compartment within the vehicle in question that cannot be accessed 964
without leaving the vehicle or is stored in a container that 965
provides complete and separate enclosure.966

       (b) For the purposes of division (K)(5)(a)(ii) of this 967
section, a "container that provides complete and separate 968
enclosure" includes, but is not limited to, any of the following:969

       (i) A package, box, or case with multiple compartments, as 970
long as the loaded magazine or speed loader and the firearm in 971
question either are in separate compartments within the package, 972
box, or case, or, if they are in the same compartment, the 973
magazine or speed loader is contained within a separate enclosure 974
in that compartment that does not contain the firearm and that 975
closes using a snap, button, buckle, zipper, hook and loop closing 976
mechanism, or other fastener that must be opened to access the 977
contents or the firearm is contained within a separate enclosure 978
of that nature in that compartment that does not contain the 979
magazine or speed loader;980

       (ii) A pocket or other enclosure on the person of the person 981
in question that closes using a snap, button, buckle, zipper, hook 982
and loop closing mechanism, or other fastener that must be opened 983
to access the contents.984

       (c) For the purposes of divisions (K)(5)(a) and (b) of this 985
section, ammunition held in stripper-clips or in en-bloc clips is 986
not considered ammunition that is loaded into a magazine or speed 987
loader.988

        (6) "Unloaded" means, with respect to a firearm employing a 989
percussion cap, flintlock, or other obsolete ignition system, when 990
the weapon is uncapped or when the priming charge is removed from 991
the pan.992

       (7) "Commercial motor vehicle" has the same meaning as in 993
division (A) of section 4506.25 of the Revised Code.994

       (8) "Motor carrier enforcement unit" means the motor carrier 995
enforcement unit in the department of public safety, division of 996
state highway patrol, that is created by section 5503.34 of the 997
Revised Code.998

       (L) Divisions (K)(5)(a) and (b) of this section do not affect 999
the authority of a person who is carrying a valid concealed 1000
handgun license to have one or more magazines or speed loaders 1001
containing ammunition anywhere in a vehicle, without being 1002
transported as described in those divisions, as long as no 1003
ammunition is in a firearm, other than a handgun, in the vehicle 1004
other than as permitted under any other provision of this chapter. 1005
A person who is carrying a valid concealed handgun license may 1006
have one or more magazines or speed loaders containing ammunition 1007
anywhere in a vehicle without further restriction, as long as no 1008
ammunition is in a firearm, other than a handgun, in the vehicle 1009
other than as permitted under any provision of this chapter.1010

       Section 2. That existing sections 2923.12, 2923.122, 1011
2923.126, and 2923.16 of the Revised Code are hereby repealed.1012

       Section 3. That the version of section 2923.126 of the 1013
Revised Code that is scheduled to take effect January 1, 2014, be 1014
amended to read as follows:1015

       Sec. 2923.126.  (A) A concealed handgun license that is 1016
issued under section 2923.125 of the Revised Code shall expire 1017
five years after the date of issuance. A licensee who has been 1018
issued a license under that section shall be granted a grace 1019
period of thirty days after the licensee's license expires during 1020
which the licensee's license remains valid. Except as provided in 1021
divisions (B) and (C) of this section, a licensee who has been 1022
issued a concealed handgun license under section 2923.125 or 1023
2923.1213 of the Revised Code may carry a concealed handgun 1024
anywhere in this state if the licensee also carries a valid 1025
license and valid identification when the licensee is in actual 1026
possession of a concealed handgun. The licensee shall give notice 1027
of any change in the licensee's residence address to the sheriff 1028
who issued the license within forty-five days after that change.1029

       If a licensee is the driver or an occupant of a motor vehicle 1030
that is stopped as the result of a traffic stop or a stop for 1031
another law enforcement purpose and if the licensee is 1032
transporting or has a loaded handgun in the motor vehicle at that 1033
time, the licensee shall promptly inform any law enforcement 1034
officer who approaches the vehicle while stopped that the licensee 1035
has been issued a concealed handgun license and that the licensee 1036
currently possesses or has a loaded handgun; the licensee shall 1037
not knowingly disregard or fail to comply with lawful orders of a 1038
law enforcement officer given while the motor vehicle is stopped, 1039
knowingly fail to remain in the motor vehicle while stopped, or 1040
knowingly fail to keep the licensee's hands in plain sight after 1041
any law enforcement officer begins approaching the licensee while 1042
stopped and before the officer leaves, unless directed otherwise 1043
by a law enforcement officer; and the licensee shall not knowingly 1044
have contact with the loaded handgun by touching it with the 1045
licensee's hands or fingers, in any manner in violation of 1046
division (E) of section 2923.16 of the Revised Code, after any law 1047
enforcement officer begins approaching the licensee while stopped 1048
and before the officer leaves. Additionally, if a licensee is the 1049
driver or an occupant of a commercial motor vehicle that is 1050
stopped by an employee of the motor carrier enforcement unit for 1051
the purposes defined in section 5503.04 of the Revised Code and if 1052
the licensee is transporting or has a loaded handgun in the 1053
commercial motor vehicle at that time, the licensee shall promptly 1054
inform the employee of the unit who approaches the vehicle while 1055
stopped that the licensee has been issued a concealed handgun 1056
license and that the licensee currently possesses or has a loaded 1057
handgun. 1058

       If a licensee is stopped for a law enforcement purpose and if 1059
the licensee is carrying a concealed handgun at the time the 1060
officer approaches, the licensee shall promptly inform any law 1061
enforcement officer who approaches the licensee while stopped that 1062
the licensee has been issued a concealed handgun license and that 1063
the licensee currently is carrying a concealed handgun; the 1064
licensee shall not knowingly disregard or fail to comply with 1065
lawful orders of a law enforcement officer given while the 1066
licensee is stopped or knowingly fail to keep the licensee's hands 1067
in plain sight after any law enforcement officer begins 1068
approaching the licensee while stopped and before the officer 1069
leaves, unless directed otherwise by a law enforcement officer; 1070
and the licensee shall not knowingly remove, attempt to remove, 1071
grasp, or hold the loaded handgun or knowingly have contact with 1072
the loaded handgun by touching it with the licensee's hands or 1073
fingers, in any manner in violation of division (B) of section 1074
2923.12 of the Revised Code, after any law enforcement officer 1075
begins approaching the licensee while stopped and before the 1076
officer leaves.1077

        (B) A valid concealed handgun license does not authorize the 1078
licensee to carry a concealed handgun in any manner prohibited 1079
under division (B) of section 2923.12 of the Revised Code or in 1080
any manner prohibited under section 2923.16 of the Revised Code. A 1081
valid license does not authorize the licensee to carry a concealed 1082
handgun into any of the following places:1083

       (1) AAny area of a police station, sheriff's office, or 1084
state highway patrol station,to which the public does not have 1085
access; premises controlled by the bureau of criminal 1086
identification and investigation,; a state correctional 1087
institution, jail, workhouse, or other detention facility,; any 1088
area of an airport passenger terminal,that is beyond a passenger 1089
or property screening checkpoint or to which access is restricted 1090
through security measures by the airport authority or a public 1091
agency; or an institution that is maintained, operated, managed, 1092
and governed pursuant to division (A) of section 5119.02 of the 1093
Revised Code or division (A)(1) of section 5123.03 of the Revised 1094
Code;1095

        (2) A school safety zone if the licensee's carrying the 1096
concealed handgun is in violation of section 2923.122 of the 1097
Revised Code;1098

       (3) A courthouse or another building or structure in which a 1099
courtroom is located, in violation of section 2923.123 of the 1100
Revised Code;1101

       (4) Any premises or open air arena for which a D permit has 1102
been issued under Chapter 4303. of the Revised Code if the 1103
licensee's carrying the concealed handgun is in violation of 1104
section 2923.121 of the Revised Code;1105

        (5) Any premises owned or leased by any public or private 1106
college, university, or other institution of higher education, 1107
unless the handgun is in a locked motor vehicle or the licensee is 1108
in the immediate process of placing the handgun in a locked motor 1109
vehicle or unless the licensee is carrying the concealed handgun 1110
pursuant to a written policy, rule, or other authorization that is 1111
adopted by the institution's board of trustees or other governing 1112
body and that authorizes specific individuals or classes of 1113
individuals to carry a concealed handgun on the premises;1114

        (6) Any church, synagogue, mosque, or other place of worship, 1115
unless the church, synagogue, mosque, or other place of worship 1116
posts or permits otherwise;1117

       (7) A child day-care center, a type A family day-care home, 1118
or a type B family day-care home, except that this division does 1119
not prohibit a licensee who resides in a type A family day-care 1120
home or a type B family day-care home from carrying a concealed 1121
handgun at any time in any part of the home that is not dedicated 1122
or used for day-care purposes, or from carrying a concealed 1123
handgun in a part of the home that is dedicated or used for 1124
day-care purposes at any time during which no children, other than 1125
children of that licensee, are in the home;1126

       (8) An aircraft that is in, or intended for operation in, 1127
foreign air transportation, interstate air transportation, 1128
intrastate air transportation, or the transportation of mail by 1129
aircraft;1130

       (9) Any building that is a government facility of this state 1131
or a political subdivision of this state and that is not a 1132
building that is used primarily as a shelter, restroom, parking 1133
facility for motor vehicles, or rest facility and is not a 1134
courthouse or other building or structure in which a courtroom is 1135
located that is subject to division (B)(3) of this section;1136

       (10) A place in which federal law prohibits the carrying of 1137
handguns.1138

       (C)(1) Nothing in this section shall negate or restrict a 1139
rule, policy, or practice of a private employer that is not a 1140
private college, university, or other institution of higher 1141
education concerning or prohibiting the presence of firearms on 1142
the private employer's premises or property, including motor 1143
vehicles owned by the private employer. Nothing in this section 1144
shall require a private employer of that nature to adopt a rule, 1145
policy, or practice concerning or prohibiting the presence of 1146
firearms on the private employer's premises or property, including 1147
motor vehicles owned by the private employer.1148

       (2)(a) A private employer shall be immune from liability in a 1149
civil action for any injury, death, or loss to person or property 1150
that allegedly was caused by or related to a licensee bringing a 1151
handgun onto the premises or property of the private employer, 1152
including motor vehicles owned by the private employer, unless the 1153
private employer acted with malicious purpose. A private employer 1154
is immune from liability in a civil action for any injury, death, 1155
or loss to person or property that allegedly was caused by or 1156
related to the private employer's decision to permit a licensee to 1157
bring, or prohibit a licensee from bringing, a handgun onto the 1158
premises or property of the private employer. As used in this 1159
division, "private employer" includes a private college, 1160
university, or other institution of higher education.1161

       (b) A political subdivision shall be immune from liability in 1162
a civil action, to the extent and in the manner provided in 1163
Chapter 2744. of the Revised Code, for any injury, death, or loss 1164
to person or property that allegedly was caused by or related to a 1165
licensee bringing a handgun onto any premises or property owned, 1166
leased, or otherwise under the control of the political 1167
subdivision. As used in this division, "political subdivision" has 1168
the same meaning as in section 2744.01 of the Revised Code.1169

       (c) An institution of higher education shall be immune from 1170
liability in a civil action for any injury, death, or loss to 1171
person or property that allegedly was caused by or related to a 1172
licensee bringing a handgun onto the premises of the institution, 1173
including motor vehicles owned by the institution, unless the 1174
institution acted with malicious purpose. An institution of higher 1175
education is immune from liability in a civil action for any 1176
injury, death, or loss to person or property that allegedly was 1177
caused by or related to the institution's decision to permit a 1178
licensee or class of licensees to bring a handgun onto the 1179
premises of the institution.1180

       (3)(a) Except as provided in division (C)(3)(b) of this 1181
section, the owner or person in control of private land or 1182
premises, and a private person or entity leasing land or premises 1183
owned by the state, the United States, or a political subdivision 1184
of the state or the United States, may post a sign in a 1185
conspicuous location on that land or on those premises prohibiting 1186
persons from carrying firearms or concealed firearms on or onto 1187
that land or those premises. Except as otherwise provided in this 1188
division, a person who knowingly violates a posted prohibition of 1189
that nature is guilty of criminal trespass in violation of 1190
division (A)(4) of section 2911.21 of the Revised Code and is 1191
guilty of a misdemeanor of the fourth degree. If a person 1192
knowingly violates a posted prohibition of that nature and the 1193
posted land or premises primarily was a parking lot or other 1194
parking facility, the person is not guilty of criminal trespass in 1195
violation of division (A)(4) of section 2911.21 of the Revised 1196
Code and instead is subject only to a civil cause of action for 1197
trespass based on the violation.1198

       (b) A landlord may not prohibit or restrict a tenant who is a 1199
licensee and who on or after September 9, 2008, enters into a 1200
rental agreement with the landlord for the use of residential 1201
premises, and the tenant's guest while the tenant is present, from 1202
lawfully carrying or possessing a handgun on those residential 1203
premises.1204

       (c) As used in division (C)(3) of this section:1205

       (i) "Residential premises" has the same meaning as in section 1206
5321.01 of the Revised Code, except "residential premises" does 1207
not include a dwelling unit that is owned or operated by a college 1208
or university.1209

       (ii) "Landlord," "tenant," and "rental agreement" have the 1210
same meanings as in section 5321.01 of the Revised Code.1211

        (D) A person who holds a concealed handgun license issued by 1212
another state that is recognized by the attorney general pursuant 1213
to a reciprocity agreement entered into pursuant to section 109.69 1214
of the Revised Code has the same right to carry a concealed 1215
handgun in this state as a person who was issued a concealed 1216
handgun license under section 2923.125 of the Revised Code and is 1217
subject to the same restrictions that apply to a person who 1218
carries a license issued under that section.1219

       (E) A peace officer has the same right to carry a concealed 1220
handgun in this state as a person who was issued a concealed 1221
handgun license under section 2923.125 of the Revised Code. For 1222
purposes of reciprocity with other states, a peace officer shall 1223
be considered to be a licensee in this state.1224

       (F)(1) A qualified retired peace officer who possesses a 1225
retired peace officer identification card issued pursuant to 1226
division (F)(2) of this section and a valid firearms 1227
requalification certification issued pursuant to division (F)(3) 1228
of this section has the same right to carry a concealed handgun in 1229
this state as a person who was issued a concealed handgun license 1230
under section 2923.125 of the Revised Code and is subject to the 1231
same restrictions that apply to a person who carries a license 1232
issued under that section. For purposes of reciprocity with other 1233
states, a qualified retired peace officer who possesses a retired 1234
peace officer identification card issued pursuant to division 1235
(F)(2) of this section and a valid firearms requalification 1236
certification issued pursuant to division (F)(3) of this section 1237
shall be considered to be a licensee in this state.1238

        (2)(a) Each public agency of this state or of a political 1239
subdivision of this state that is served by one or more peace 1240
officers shall issue a retired peace officer identification card 1241
to any person who retired from service as a peace officer with 1242
that agency, if the issuance is in accordance with the agency's 1243
policies and procedures and if the person, with respect to the 1244
person's service with that agency, satisfies all of the following:1245

        (i) The person retired in good standing from service as a 1246
peace officer with the public agency, and the retirement was not 1247
for reasons of mental instability.1248

        (ii) Before retiring from service as a peace officer with 1249
that agency, the person was authorized to engage in or supervise 1250
the prevention, detection, investigation, or prosecution of, or 1251
the incarceration of any person for, any violation of law and the 1252
person had statutory powers of arrest.1253

        (iii) At the time of the person's retirement as a peace 1254
officer with that agency, the person was trained and qualified to 1255
carry firearms in the performance of the peace officer's duties.1256

        (iv) Before retiring from service as a peace officer with 1257
that agency, the person was regularly employed as a peace officer 1258
for an aggregate of fifteen years or more, or, in the alternative, 1259
the person retired from service as a peace officer with that 1260
agency, after completing any applicable probationary period of 1261
that service, due to a service-connected disability, as determined 1262
by the agency.1263

        (b) A retired peace officer identification card issued to a 1264
person under division (F)(2)(a) of this section shall identify the 1265
person by name, contain a photograph of the person, identify the 1266
public agency of this state or of the political subdivision of 1267
this state from which the person retired as a peace officer and 1268
that is issuing the identification card, and specify that the 1269
person retired in good standing from service as a peace officer 1270
with the issuing public agency and satisfies the criteria set 1271
forth in divisions (F)(2)(a)(i) to (iv) of this section. In 1272
addition to the required content specified in this division, a 1273
retired peace officer identification card issued to a person under 1274
division (F)(2)(a) of this section may include the firearms 1275
requalification certification described in division (F)(3) of this 1276
section, and if the identification card includes that 1277
certification, the identification card shall serve as the firearms 1278
requalification certification for the retired peace officer. If 1279
the issuing public agency issues credentials to active law 1280
enforcement officers who serve the agency, the agency may comply 1281
with division (F)(2)(a) of this section by issuing the same 1282
credentials to persons who retired from service as a peace officer 1283
with the agency and who satisfy the criteria set forth in 1284
divisions (F)(2)(a)(i) to (iv) of this section, provided that the 1285
credentials so issued to retired peace officers are stamped with 1286
the word "RETIRED."1287

        (c) A public agency of this state or of a political 1288
subdivision of this state may charge persons who retired from 1289
service as a peace officer with the agency a reasonable fee for 1290
issuing to the person a retired peace officer identification card 1291
pursuant to division (F)(2)(a) of this section.1292

        (3) If a person retired from service as a peace officer with 1293
a public agency of this state or of a political subdivision of 1294
this state and the person satisfies the criteria set forth in 1295
divisions (F)(2)(a)(i) to (iv) of this section, the public agency 1296
may provide the retired peace officer with the opportunity to 1297
attend a firearms requalification program that is approved for 1298
purposes of firearms requalification required under section 1299
109.801 of the Revised Code. The retired peace officer may be 1300
required to pay the cost of the course.1301

        If a retired peace officer who satisfies the criteria set 1302
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a 1303
firearms requalification program that is approved for purposes of 1304
firearms requalification required under section 109.801 of the 1305
Revised Code, the retired peace officer's successful completion of 1306
the firearms requalification program requalifies the retired peace 1307
officer for purposes of division (F) of this section for five 1308
years from the date on which the program was successfully 1309
completed, and the requalification is valid during that five-year 1310
period. If a retired peace officer who satisfies the criteria set 1311
forth in divisions (F)(2)(a)(i) to (iv) of this section 1312
satisfactorily completes such a firearms requalification program, 1313
the retired peace officer shall be issued a firearms 1314
requalification certification that identifies the retired peace 1315
officer by name, identifies the entity that taught the program, 1316
specifies that the retired peace officer successfully completed 1317
the program, specifies the date on which the course was 1318
successfully completed, and specifies that the requalification is 1319
valid for five years from that date of successful completion. The 1320
firearms requalification certification for a retired peace officer 1321
may be included in the retired peace officer identification card 1322
issued to the retired peace officer under division (F)(2) of this 1323
section.1324

        A retired peace officer who attends a firearms 1325
requalification program that is approved for purposes of firearms 1326
requalification required under section 109.801 of the Revised Code 1327
may be required to pay the cost of the program.1328

        (G) As used in this section:1329

       (1) "Qualified retired peace officer" means a person who 1330
satisfies all of the following:1331

        (a) The person satisfies the criteria set forth in divisions 1332
(F)(2)(a)(i) to (v) of this section.1333

       (b) The person is not under the influence of alcohol or 1334
another intoxicating or hallucinatory drug or substance.1335

        (c) The person is not prohibited by federal law from 1336
receiving firearms.1337

       (2) "Retired peace officer identification card" means an 1338
identification card that is issued pursuant to division (F)(2) of 1339
this section to a person who is a retired peace officer.1340

       (3) "Government facility of this state or a political 1341
subdivision of this state" means any of the following:1342

       (a) A building or part of a building that is owned or leased 1343
by the government of this state or a political subdivision of this 1344
state and where employees of the government of this state or the 1345
political subdivision regularly are present for the purpose of 1346
performing their official duties as employees of the state or 1347
political subdivision;1348

       (b) The office of a deputy registrar serving pursuant to 1349
Chapter 4503. of the Revised Code that is used to perform deputy 1350
registrar functions.1351

       Section 4. That the existing version of section 2923.126 of 1352
the Revised Code that is scheduled to take effect January 1, 2014, 1353
is hereby repealed.1354

       Section 5. Sections 3 and 4 of this act take effect January 1355
1, 2014.1356

       Section 6.  Section 2923.122 of the Revised Code is presented 1357
in this act as a composite of the section as amended by both Am. 1358
Sub. H.B. 495 and Am. Sub. S.B. 337 of the 129th General Assembly. 1359
The version of section 2923.126 of the Revised Code that is 1360
scheduled to take effect January 1, 2014, is presented in this act 1361
as a composite of the section as amended by both Am. Sub. H.B. 495 1362
and Am. Sub. S.B. 316 of the 129th General Assembly. The General 1363
Assembly, applying the principle stated in division (B) of section 1364
1.52 of the Revised Code that amendments are to be harmonized if 1365
reasonably capable of simultaneous operation, finds that the 1366
composites are the resulting versions of the sections in effect 1367
prior to the effective date of the sections as presented in this 1368
act.1369