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 

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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

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take effect January 1, 2014, to continue the

13

provisions of this act on and after that effective

14

date.

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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 handgun	266
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