(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |