As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 288

Representative Ruhl 

Cosponsors: Representatives Beck, Becker, Terhar, Blessing, Adams, J., Hood, Johnson, Buchy, Retherford, Brenner, Sears, Grossman, Barborak, Williams 

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A BILL

To amend section 2923.125 of the Revised Code to

1

eliminate the time limit within which retired and

2

honorable discharged members of the Armed Forces

3

of the United States are exempt from the

4

requirement to complete firearms training as a

5

prerequisite to obtaining a concealed handgun

6

license.

7

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

Section 1. That section 2923.125 of the Revised Code be	8
amended to read as follows:	9

Sec. 2923.125.  (A) This section applies with respect to the	10
application for and issuance by this state of concealed handgun	11
licenses other than concealed handgun licenses on a temporary	12
emergency basis that are issued under section 2923.1213 of the	13
Revised Code. Upon the request of a person who wishes to obtain a	14
concealed handgun license with respect to which this section	15
applies or to renew a concealed handgun license with respect to	16
which this section applies, a sheriff, as provided in division (I)	17
of this section, shall provide to the person free of charge an	18
application form and the web site address at which the pamphlet	19
described in division (B) of section 109.731 of the Revised Code	20
may be found. A sheriff shall accept a completed application form	21
and the fee, items, materials, and information specified in	22
divisions (B)(1) to (5) of this section at the times and in the	23
manners described in division (I) of this section.	24

(B) An applicant for a concealed handgun license with respect	25
to which this section applies shall submit a completed application	26
form and all of the following to the sheriff of the county in	27
which the applicant resides or to the sheriff of any county	28
adjacent to the county in which the applicant resides:	29

(1)(a) A nonrefundable license fee as described in either of	30
the following:	31

(i) For an applicant who has been a resident of this state	32
for five or more years, a fee of sixty-seven dollars;	33

(ii) For an applicant who has been a resident of this state	34
for less than five years, a fee of sixty-seven dollars plus the	35
actual cost of having a background check performed by the federal	36
bureau of investigation.	37

(b) No sheriff shall require an applicant to pay for the cost	38
of a background check performed by the bureau of criminal	39
identification and investigation.	40

(c) A sheriff shall waive the payment of the license fee	41
described in division (B)(1)(a) of this section in connection with	42
an initial or renewal application for a license that is submitted	43
by an applicant who is a retired peace officer, a retired person	44
described in division (B)(1)(b) of section 109.77 of the Revised	45
Code, or a retired federal law enforcement officer who, prior to	46
retirement, was authorized under federal law to carry a firearm in	47
the course of duty, unless the retired peace officer, person, or	48
federal law enforcement officer retired as the result of a mental	49
disability.	50

(d) The sheriff shall deposit all fees paid by an applicant	51
under division (B)(1)(a) of this section into the sheriff's	52
concealed handgun license issuance fund established pursuant to	53
section 311.42 of the Revised Code. The county shall distribute	54
the fees in accordance with section 311.42 of the Revised Code.	55

(2) A color photograph of the applicant that was taken within	56
thirty days prior to the date of the application;	57

(3) One or more of the following competency certifications,	58
each of which shall reflect that, regarding a certification	59
described in division (B)(3)(a), (b), (c), (e), or (f) of this	60
section, within the three years immediately preceding the	61
application the applicant has performed that to which the	62
competency certification relates and that, regarding a	63
certification described in division (B)(3)(d) of this section, the	64
applicant currently is an active or reserve member of the armed	65
forces of the United States or within the six years immediately	66
preceding the application theis a former member of the armed	67
forces of the United States and has retired from the armed forces	68
or has received an honorable discharge or retirement to which the	69
competency certification relates occurred:	70

(a) An original or photocopy of a certificate of completion	71
of a firearms safety, training, or requalification or firearms	72
safety instructor course, class, or program that was offered by or	73
under the auspices of the national rifle association and that	74
complies with the requirements set forth in division (G) of this	75
section;	76

(b) An original or photocopy of a certificate of completion	77
of a firearms safety, training, or requalification or firearms	78
safety instructor course, class, or program that satisfies all of	79
the following criteria:	80

(i) It was open to members of the general public.

81

(ii) It utilized qualified instructors who were certified by	82
the national rifle association, the executive director of the Ohio	83
peace officer training commission pursuant to section 109.75 or	84
109.78 of the Revised Code, or a governmental official or entity	85
of another state.	86

(iii) It was offered by or under the auspices of a law	87
enforcement agency of this or another state or the United States,	88
a public or private college, university, or other similar	89
postsecondary educational institution located in this or another	90
state, a firearms training school located in this or another	91
state, or another type of public or private entity or organization	92
located in this or another state.	93

(iv) It complies with the requirements set forth in division	94
(G) of this section.	95

(c) An original or photocopy of a certificate of completion	96
of a state, county, municipal, or department of natural resources	97
peace officer training school that is approved by the executive	98
director of the Ohio peace officer training commission pursuant to	99
section 109.75 of the Revised Code and that complies with the	100
requirements set forth in division (G) of this section, or the	101
applicant has satisfactorily completed and been issued a	102
certificate of completion of a basic firearms training program, a	103
firearms requalification training program, or another basic	104
training program described in section 109.78 or 109.801 of the	105
Revised Code that complies with the requirements set forth in	106
division (G) of this section;	107

(d) A document that evidences both of the following:

108

(i) That the applicant is an active or reserve member of the	109
armed forces of the United States, was honorably discharged from	110
military service in the active or reserve armed forces of the	111
United States, is a retired trooper of the state highway patrol,	112
or is a retired peace officer or federal law enforcement officer	113
described in division (B)(1) of this section or a retired person	114
described in division (B)(1)(b) of section 109.77 of the Revised	115
Code and division (B)(1) of this section;	116

(ii) That, through participation in the military service or	117
through the former employment described in division (B)(3)(d)(i)	118
of this section, the applicant acquired experience with handling	119
handguns or other firearms, and the experience so acquired was	120
equivalent to training that the applicant could have acquired in a	121
course, class, or program described in division (B)(3)(a), (b), or	122
(c) of this section.	123

(e) A certificate or another similar document that evidences	124
satisfactory completion of a firearms training, safety, or	125
requalification or firearms safety instructor course, class, or	126
program that is not otherwise described in division (B)(3)(a),	127
(b), (c), or (d) of this section, that was conducted by an	128
instructor who was certified by an official or entity of the	129
government of this or another state or the United States or by the	130
national rifle association, and that complies with the	131
requirements set forth in division (G) of this section;	132

(f) An affidavit that attests to the applicant's satisfactory	133
completion of a course, class, or program described in division	134
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	135
by the applicant's instructor or an authorized representative of	136
the entity that offered the course, class, or program or under	137
whose auspices the course, class, or program was offered.	138

(4) A certification by the applicant that the applicant has	139
read the pamphlet prepared by the Ohio peace officer training	140
commission pursuant to section 109.731 of the Revised Code that	141
reviews firearms, dispute resolution, and use of deadly force	142
matters.	143

(5) A set of fingerprints of the applicant provided as	144
described in section 311.41 of the Revised Code through use of an	145
electronic fingerprint reading device or, if the sheriff to whom	146
the application is submitted does not possess and does not have	147
ready access to the use of such a reading device, on a standard	148
impression sheet prescribed pursuant to division (C)(2) of section	149
109.572 of the Revised Code.	150

(C) Upon receipt of the completed application form,	151
supporting documentation, and, if not waived, license fee of an	152
applicant under this section, a sheriff, in the manner specified	153
in section 311.41 of the Revised Code, shall conduct or cause to	154
be conducted the criminal records check and the incompetency	155
records check described in section 311.41 of the Revised Code.	156

(D)(1) Except as provided in division (D)(3) or (4) of this	157
section, within forty-five days after a sheriff's receipt of an	158
applicant's completed application form for a concealed handgun	159
license under this section, the supporting documentation, and, if	160
not waived, the license fee, the sheriff shall make available	161
through the law enforcement automated data system in accordance	162
with division (H) of this section the information described in	163
that division and, upon making the information available through	164
the system, shall issue to the applicant a concealed handgun	165
license that shall expire as described in division (D)(2)(a) of	166
this section if all of the following apply:	167

(a) The applicant is legally living in the United States, has	168
been a resident of this state for at least forty-five days, and	169
has been a resident of the county in which the person seeks the	170
license or a county adjacent to the county in which the person	171
seeks the license for at least thirty days. For purposes of	172
division (D)(1)(a) of this section:	173

(i) If a person is absent from the United States, from this	174
state, or from a particular county in this state in compliance	175
with military or naval orders as an active or reserve member of	176
the armed forces of the United States and if prior to leaving this	177
state in compliance with those orders the person was legally	178
living in the United States and was a resident of this state, the	179
person, solely by reason of that absence, shall not be considered	180
to have lost the person's status as living in the United States or	181
the person's residence in this state or in the county in which the	182
person was a resident prior to leaving this state in compliance	183
with those orders, without regard to whether or not the person	184
intends to return to this state or to that county, shall not be	185
considered to have acquired a residence in any other state, and	186
shall not be considered to have become a resident of any other	187
state.	188

(ii) If a person is present in this state in compliance with	189
military or naval orders as an active or reserve member of the	190
armed forces of the United States for at least forty-five days,	191
the person shall be considered to have been a resident of this	192
state for that period of at least forty-five days, and, if a	193
person is present in a county of this state in compliance with	194
military or naval orders as an active or reserve member of the	195
armed forces of the United States for at least thirty days, the	196
person shall be considered to have been a resident of that county	197
for that period of at least thirty days.	198

(b) The applicant is at least twenty-one years of age.

199

(c) The applicant is not a fugitive from justice.

200

(d) The applicant is not under indictment for or otherwise	201
charged with a felony; an offense under Chapter 2925., 3719., or	202
4729. of the Revised Code that involves the illegal possession,	203
use, sale, administration, or distribution of or trafficking in a	204
drug of abuse; a misdemeanor offense of violence; or a violation	205
of section 2903.14 or 2923.1211 of the Revised Code.	206

(e) Except as otherwise provided in division (D)(5) of this	207
section, the applicant has not been convicted of or pleaded guilty	208
to a felony or an offense under Chapter 2925., 3719., or 4729. of	209
the Revised Code that involves the illegal possession, use, sale,	210
administration, or distribution of or trafficking in a drug of	211
abuse; has not been adjudicated a delinquent child for committing	212
an act that if committed by an adult would be a felony or would be	213
an offense under Chapter 2925., 3719., or 4729. of the Revised	214
Code that involves the illegal possession, use, sale,	215
administration, or distribution of or trafficking in a drug of	216
abuse; and has not been convicted of, pleaded guilty to, or	217
adjudicated a delinquent child for committing a violation of	218
section 2903.13 of the Revised Code when the victim of the	219
violation is a peace officer, regardless of whether the applicant	220
was sentenced under division (C)(4) of that section.	221

(f) Except as otherwise provided in division (D)(5) of this	222
section, the applicant, within three years of the date of the	223
application, has not been convicted of or pleaded guilty to a	224
misdemeanor offense of violence other than a misdemeanor violation	225
of section 2921.33 of the Revised Code or a violation of section	226
2903.13 of the Revised Code when the victim of the violation is a	227
peace officer, or a misdemeanor violation of section 2923.1211 of	228
the Revised Code; and has not been adjudicated a delinquent child	229
for committing an act that if committed by an adult would be a	230
misdemeanor offense of violence other than a misdemeanor violation	231
of section 2921.33 of the Revised Code or a violation of section	232
2903.13 of the Revised Code when the victim of the violation is a	233
peace officer or for committing an act that if committed by an	234
adult would be a misdemeanor violation of section 2923.1211 of the	235
Revised Code.	236

(g) Except as otherwise provided in division (D)(1)(e) of	237
this section, the applicant, within five years of the date of the	238
application, has not been convicted of, pleaded guilty to, or	239
adjudicated a delinquent child for committing two or more	240
violations of section 2903.13 or 2903.14 of the Revised Code.	241

(h) Except as otherwise provided in division (D)(5) of this	242
section, the applicant, within ten years of the date of the	243
application, has not been convicted of, pleaded guilty to, or	244
adjudicated a delinquent child for committing a violation of	245
section 2921.33 of the Revised Code.	246

(i) The applicant has not been adjudicated as a mental	247
defective, has not been committed to any mental institution, is	248
not under adjudication of mental incompetence, has not been found	249
by a court to be a mentally ill person subject to hospitalization	250
by court order, and is not an involuntary patient other than one	251
who is a patient only for purposes of observation. As used in this	252
division, "mentally ill person subject to hospitalization by court	253
order" and "patient" have the same meanings as in section 5122.01	254
of the Revised Code.	255

(j) The applicant is not currently subject to a civil	256
protection order, a temporary protection order, or a protection	257
order issued by a court of another state.	258

(k) The applicant certifies that the applicant desires a	259
legal means to carry a concealed handgun for defense of the	260
applicant or a member of the applicant's family while engaged in	261
lawful activity.	262

(l) The applicant submits a competency certification of the	263
type described in division (B)(3) of this section and submits a	264
certification of the type described in division (B)(4) of this	265
section regarding the applicant's reading of the pamphlet prepared	266
by the Ohio peace officer training commission pursuant to section	267
109.731 of the Revised Code.	268

(m) The applicant currently is not subject to a suspension	269
imposed under division (A)(2) of section 2923.128 of the Revised	270
Code of a concealed handgun license that previously was issued to	271
the applicant under this section or section 2923.1213 of the	272
Revised Code.	273

(2)(a) A concealed handgun license that a sheriff issues	274
under division (D)(1) of this section shall expire five years	275
after the date of issuance.	276

If a sheriff issues a license under this section, the sheriff	277
shall place on the license a unique combination of letters and	278
numbers identifying the license in accordance with the procedure	279
prescribed by the Ohio peace officer training commission pursuant	280
to section 109.731 of the Revised Code.	281

(b) If a sheriff denies an application under this section	282
because the applicant does not satisfy the criteria described in	283
division (D)(1) of this section, the sheriff shall specify the	284
grounds for the denial in a written notice to the applicant. The	285
applicant may appeal the denial pursuant to section 119.12 of the	286
Revised Code in the county served by the sheriff who denied the	287
application. If the denial was as a result of the criminal records	288
check conducted pursuant to section 311.41 of the Revised Code and	289
if, pursuant to section 2923.127 of the Revised Code, the	290
applicant challenges the criminal records check results using the	291
appropriate challenge and review procedure specified in that	292
section, the time for filing the appeal pursuant to section 119.12	293
of the Revised Code and this division is tolled during the	294
pendency of the request or the challenge and review. If the court	295
in an appeal under section 119.12 of the Revised Code and this	296
division enters a judgment sustaining the sheriff's refusal to	297
grant to the applicant a concealed handgun license, the applicant	298
may file a new application beginning one year after the judgment	299
is entered. If the court enters a judgment in favor of the	300
applicant, that judgment shall not restrict the authority of a	301
sheriff to suspend or revoke the license pursuant to section	302
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	303
the license for any proper cause that may occur after the date the	304
judgment is entered. In the appeal, the court shall have full	305
power to dispose of all costs.	306

(3) If the sheriff with whom an application for a concealed	307
handgun license was filed under this section becomes aware that	308
the applicant has been arrested for or otherwise charged with an	309
offense that would disqualify the applicant from holding the	310
license, the sheriff shall suspend the processing of the	311
application until the disposition of the case arising from the	312
arrest or charge.	313

(4) If the sheriff determines that the applicant is legally	314
living in the United States and is a resident of the county in	315
which the applicant seeks the license or of an adjacent county but	316
does not yet meet the residency requirements described in division	317
(D)(1)(a) of this section, the sheriff shall not deny the license	318
because of the residency requirements but shall not issue the	319
license until the applicant meets those residency requirements.	320

(5) If an applicant has been convicted of or pleaded guilty	321
to an offense identified in division (D)(1)(e), (f), or (h) of	322
this section or has been adjudicated a delinquent child for	323
committing an act or violation identified in any of those	324
divisions, and if a court has ordered the sealing or expungement	325
of the records of that conviction, guilty plea, or adjudication	326
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	327
2953.36, or section 2953.37 of the Revised Code or a court has	328
granted the applicant relief pursuant to section 2923.14 of the	329
Revised Code from the disability imposed pursuant to section	330
2923.13 of the Revised Code relative to that conviction, guilty	331
plea, or adjudication, the sheriff with whom the application was	332
submitted shall not consider the conviction, guilty plea, or	333
adjudication in making a determination under division (D)(1) or	334
(F) of this section or, in relation to an application for a	335
concealed handgun license on a temporary emergency basis submitted	336
under section 2923.1213 of the Revised Code, in making a	337
determination under division (B)(2) of that section.	338

(E) If a concealed handgun license issued under this section	339
is lost or is destroyed, the licensee may obtain from the sheriff	340
who issued that license a duplicate license upon the payment of a	341
fee of fifteen dollars and the submission of an affidavit	342
attesting to the loss or destruction of the license. The sheriff,	343
in accordance with the procedures prescribed in section 109.731 of	344
the Revised Code, shall place on the replacement license a	345
combination of identifying numbers different from the combination	346
on the license that is being replaced.	347

(F)(1) A licensee who wishes to renew a concealed handgun	348
license issued under this section shall do so not earlier than	349
ninety days before the expiration date of the license or at any	350
time after the expiration date of the license by filing with the	351
sheriff of the county in which the applicant resides or with the	352
sheriff of an adjacent county an application for renewal of the	353
license obtained pursuant to division (D) of this section, a	354
certification by the applicant that, subsequent to the issuance of	355
the license, the applicant has reread the pamphlet prepared by the	356
Ohio peace officer training commission pursuant to section 109.731	357
of the Revised Code that reviews firearms, dispute resolution, and	358
use of deadly force matters, and a nonrefundable license renewal	359
fee in an amount determined pursuant to division (F)(4) of this	360
section unless the fee is waived.	361

(2) A sheriff shall accept a completed renewal application,	362
the license renewal fee, and the information specified in division	363
(F)(1) of this section at the times and in the manners described	364
in division (I) of this section. Upon receipt of a completed	365
renewal application, of certification that the applicant has	366
reread the specified pamphlet prepared by the Ohio peace officer	367
training commission, and of a license renewal fee unless the fee	368
is waived, a sheriff, in the manner specified in section 311.41 of	369
the Revised Code shall conduct or cause to be conducted the	370
criminal records check and the incompetency records check	371
described in section 311.41 of the Revised Code. The sheriff shall	372
renew the license if the sheriff determines that the applicant	373
continues to satisfy the requirements described in division (D)(1)	374
of this section, except that the applicant is not required to meet	375
the requirements of division (D)(1)(l) of this section. A renewed	376
license shall expire five years after the date of issuance. A	377
renewed license is subject to division (E) of this section and	378
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	379
shall comply with divisions (D)(2) to (4) of this section when the	380
circumstances described in those divisions apply to a requested	381
license renewal. If a sheriff denies the renewal of a concealed	382
handgun license, the applicant may appeal the denial, or challenge	383
the criminal record check results that were the basis of the	384
denial if applicable, in the same manner as specified in division	385
(D)(2)(b) of this section and in section 2923.127 of the Revised	386
Code, regarding the denial of a license under this section.	387

(3) A renewal application submitted pursuant to division (F)	388
of this section shall only require the licensee to list on the	389
application form information and matters occurring since the date	390
of the licensee's last application for a license pursuant to	391
division (B) or (F) of this section. A sheriff conducting the	392
criminal records check and the incompetency records check	393
described in section 311.41 of the Revised Code shall conduct the	394
check only from the date of the licensee's last application for a	395
license pursuant to division (B) or (F) of this section through	396
the date of the renewal application submitted pursuant to division	397
(F) of this section.	398

(4) An applicant for a renewal concealed handgun license	399
under this section shall submit to the sheriff of the county in	400
which the applicant resides or to the sheriff of any county	401
adjacent to the county in which the applicant resides a	402
nonrefundable license fee as described in either of the following:	403

(a) For an applicant who has been a resident of this state	404
for five or more years, a fee of fifty dollars;	405

(b) For an applicant who has been a resident of this state	406
for less than five years, a fee of fifty dollars plus the actual	407
cost of having a background check performed by the federal bureau	408
of investigation.	409

(G)(1) Each course, class, or program described in division	410
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	411
person who takes the course, class, or program the web site	412
address at which the pamphlet prepared by the Ohio peace officer	413
training commission pursuant to section 109.731 of the Revised	414
Code that reviews firearms, dispute resolution, and use of deadly	415
force matters may be found. Each such course, class, or program	416
described in one of those divisions shall include at least twelve	417
hours of training in the safe handling and use of a firearm that	418
shall include all of the following:	419

(a) At least ten hours of training on the following matters:

420

(i) The ability to name, explain, and demonstrate the rules	421
for safe handling of a handgun and proper storage practices for	422
handguns and ammunition;	423

(ii) The ability to demonstrate and explain how to handle	424
ammunition in a safe manner;	425

(iii) The ability to demonstrate the knowledge, skills, and	426
attitude necessary to shoot a handgun in a safe manner;	427

(iv) Gun handling training.

428

(b) At least two hours of training that consists of range	429
time and live-fire training.	430

(2) To satisfactorily complete the course, class, or program	431
described in division (B)(3)(a), (b), (c), or (e) of this section,	432
the applicant shall pass a competency examination that shall	433
include both of the following:	434

(a) A written section on the ability to name and explain the	435
rules for the safe handling of a handgun and proper storage	436
practices for handguns and ammunition;	437

(b) A physical demonstration of competence in the use of a	438
handgun and in the rules for safe handling and storage of a	439
handgun and a physical demonstration of the attitude necessary to	440
shoot a handgun in a safe manner.	441

(3) The competency certification described in division	442
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	443
shall attest that the course, class, or program the applicant	444
successfully completed met the requirements described in division	445
(G)(1) of this section and that the applicant passed the	446
competency examination described in division (G)(2) of this	447
section.	448

(H) Upon deciding to issue a concealed handgun license,	449
deciding to issue a replacement concealed handgun license, or	450
deciding to renew a concealed handgun license pursuant to this	451
section, and before actually issuing or renewing the license, the	452
sheriff shall make available through the law enforcement automated	453
data system all information contained on the license. If the	454
license subsequently is suspended under division (A)(1) or (2) of	455
section 2923.128 of the Revised Code, revoked pursuant to division	456
(B)(1) of section 2923.128 of the Revised Code, or lost or	457
destroyed, the sheriff also shall make available through the law	458
enforcement automated data system a notation of that fact. The	459
superintendent of the state highway patrol shall ensure that the	460
law enforcement automated data system is so configured as to	461
permit the transmission through the system of the information	462
specified in this division.	463

(I) A sheriff shall accept a completed application form or	464
renewal application, and the fee, items, materials, and	465
information specified in divisions (B)(1) to (5) or division (F)	466
of this section, whichever is applicable, and shall provide an	467
application form or renewal application to any person during at	468
least fifteen hours a week and shall provide the web site address	469
at which the pamphlet described in division (B) of section 109.731	470
of the Revised Code may be found at any time, upon request. The	471
sheriff shall post notice of the hours during which the sheriff is	472
available to accept or provide the information described in this	473
division.	474

Section 2. That existing section 2923.125 of the Revised Code	475
is hereby repealed.	476