HB 46: Enact the Extreme Risk Protection Order Act
This bill aims to enact the Extreme Risk Protection Order Act, which allows certain individuals to obtain a court order temporarily restricting a person's access to firearms under specified circumstances. The law requires the superintendent of the bureau of criminal identification and investigation to procure and file photographs, fingerprints, and other information of individuals convicted of felonies or violent offenses. The bill also establishes a system for reporting and tracking cases involving felony, misdemeanor, and delinquent child offenses. Law enforcement officials are required to send weekly reports to the superintendent, which must include information such as the incident tracking number, case style and number, date of arrest and conviction, and sentence or terms of probation. The superintendent is tasked with cooperating with law enforcement agencies and assisting in the e…
| Feb. 05, 2025 | Referred to committee: Public Safety |
| Feb. 03, 2025 | Introduced |
As Introduced
136th General Assembly Regular Session 2025-2026
H. B. No. 46
Representatives Thomas, C., Grim
Cosponsors: Representatives Sweeney, Rader, Piccolantonio, Brent, Upchurch, Denson, Brennan, Mohamed, Synenberg, Abdullahi, Russo, Isaacsohn
A B I L L
To amend sections 109.57, 2923.125, 2923.128, 1
2923.1213, and 2923.13 and to enact sections 2
2923.26, 2923.27, 2923.28, 2923.29, 2923.30, and 3
2923.99 of the Revised Code to enact the Extreme 4
Risk Protection Order Act to allow certain 5
persons to obtain a court order that temporarily 6
restricts a person's access to firearms under 7
specified circumstances. 8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 2923.125, 2923.128, 9
2923.1213, and 2923.13 be amended and sections 2923.26, 2923.27, 10
2923.28, 2923.29, 2923.30, and 2923.99 of the Revised Code be 11
enacted to read as follows: 12
Sec. 109.57. (A)(1) The superintendent of the bureau of 13
criminal identification and investigation shall procure from 14
wherever procurable and file for record photographs, pictures, 15
descriptions, fingerprints, measurements, and other information 16
that may be pertinent of all persons who have been convicted of 17
committing within this state a felony, any crime constituting a 18
H. B. No. 46 As Introduced
misdemeanor on the first offense and a felony on subsequent 19
offenses, or any misdemeanor described in division (A)(1)(a), 20
(A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code, 21
of all children under eighteen years of age who have been 22
adjudicated delinquent children for committing within this state 23
an act that would be a felony or an offense of violence if 24
committed by an adult or who have been convicted of or pleaded 25
guilty to committing within this state a felony or an offense of 26
violence, and of all well-known and habitual criminals. The 27
person in charge of any county, multicounty, municipal, 28
municipal-county, or multicounty-municipal jail or workhouse, 29
community-based correctional facility, halfway house, 30
alternative residential facility, or state correctional 31
institution and the person in charge of any state institution 32
having custody of a person suspected of having committed a 33
felony, any crime constituting a misdemeanor on the first 34
offense and a felony on subsequent offenses, or any misdemeanor 35
described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of 36
section 109.572 of the Revised Code or having custody of a child 37
under eighteen years of age with respect to whom there is 38
probable cause to believe that the child may have committed an 39
act that would be a felony or an offense of violence if 40
committed by an adult shall furnish such material to the 41
superintendent of the bureau. Fingerprints, photographs, or 42
other descriptive information of a child who is under eighteen 43
years of age, has not been arrested or otherwise taken into 44
custody for committing an act that would be a felony or an 45
offense of violence who is not in any other category of child 46
specified in this division, if committed by an adult, has not 47
been adjudicated a delinquent child for committing an act that 48
would be a felony or an offense of violence if committed by an 49
adult, has not been convicted of or pleaded guilty to committing 50
H. B. No. 46 As Introduced
a felony or an offense of violence, and is not a child with 51
respect to whom there is probable cause to believe that the 52
child may have committed an act that would be a felony or an 53
offense of violence if committed by an adult shall not be 54
procured by the superintendent or furnished by any person in 55
charge of any county, multicounty, municipal, municipal-county, 56
or multicounty-municipal jail or workhouse, community-based 57
correctional facility, halfway house, alternative residential 58
facility, or state correctional institution, except as 59
authorized in section 2151.313 of the Revised Code. 60
(2) Every clerk of a court of record in this state, other 61
than the supreme court or a court of appeals, shall send to the 62
superintendent of the bureau a weekly report containing a 63
summary of each case involving a felony, involving any crime 64
constituting a misdemeanor on the first offense and a felony on 65
subsequent offenses, involving a misdemeanor described in 66
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 67
of the Revised Code, or involving an adjudication in a case in 68
which a child under eighteen years of age was alleged to be a 69
delinquent child for committing an act that would be a felony or 70
an offense of violence if committed by an adult. The clerk of 71
the court of common pleas shall include in the report and 72
summary the clerk sends under this division all information 73
described in divisions (A)(2)(a) to (f) of this section 74
regarding a case before the court of appeals that is served by 75
that clerk. The summary shall be written on the standard forms 76
furnished by the superintendent pursuant to division (B) of this 77
section and shall include the following information: 78
(a) The incident tracking number contained on the standard 79
forms furnished by the superintendent pursuant to division (B) 80
of this section; 81
H. B. No. 46 As Introduced
(b) The style and number of the case; 82
(c) The date of arrest, offense, summons, or arraignment; 83
(d) The date that the person was convicted of or pleaded 84
guilty to the offense, adjudicated a delinquent child for 85
committing the act that would be a felony or an offense of 86
violence if committed by an adult, found not guilty of the 87
offense, or found not to be a delinquent child for committing an 88
act that would be a felony or an offense of violence if 89
committed by an adult, the date of an entry dismissing the 90
charge, an entry declaring a mistrial of the offense in which 91
the person is discharged, an entry finding that the person or 92
child is not competent to stand trial, or an entry of a nolle 93
prosequi, or the date of any other determination that 94
constitutes final resolution of the case; 95
(e) A statement of the original charge with the section of 96
the Revised Code that was alleged to be violated; 97
(f) If the person or child was convicted, pleaded guilty, 98
or was adjudicated a delinquent child, the sentence or terms of 99
probation imposed or any other disposition of the offender or 100
the delinquent child. 101
If the offense involved the disarming of a law enforcement 102
officer or an attempt to disarm a law enforcement officer, the 103
clerk shall clearly state that fact in the summary, and the 104
superintendent shall ensure that a clear statement of that fact 105
is placed in the bureau's records. 106
(3) The superintendent shall cooperate with and assist 107
sheriffs, chiefs of police, and other law enforcement officers 108
in the establishment of a complete system of criminal 109
identification and in obtaining fingerprints and other means of 110
H. B. No. 46 As Introduced
identification of all persons arrested on a charge of a felony, 111
any crime constituting a misdemeanor on the first offense and a 112
felony on subsequent offenses, or a misdemeanor described in 113
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 114
of the Revised Code and of all children under eighteen years of 115
age arrested or otherwise taken into custody for committing an 116
act that would be a felony or an offense of violence if 117
committed by an adult. The superintendent also shall file for 118
record the fingerprint impressions of all persons confined in a 119
county, multicounty, municipal, municipal-county, or 120
multicounty-municipal jail or workhouse, community-based 121
correctional facility, halfway house, alternative residential 122
facility, or state correctional institution for the violation of 123
state laws and of all children under eighteen years of age who 124
are confined in a county, multicounty, municipal, municipal- 125
county, or multicounty-municipal jail or workhouse, community- 126
based correctional facility, halfway house, alternative 127
residential facility, or state correctional institution or in 128
any facility for delinquent children for committing an act that 129
would be a felony or an offense of violence if committed by an 130
adult, and any other information that the superintendent may 131
receive from law enforcement officials of the state and its 132
political subdivisions. 133
(4) The superintendent shall carry out Chapter 2950. of 134
the Revised Code with respect to the registration of persons who 135
are convicted of or plead guilty to a sexually oriented offense 136
or a child-victim oriented offense and with respect to all other 137
duties imposed on the bureau under that chapter. 138
(5) The bureau shall perform centralized recordkeeping 139
functions for criminal history records and services in this 140
state for purposes of the national crime prevention and privacy 141
H. B. No. 46 As Introduced
compact set forth in section 109.571 of the Revised Code and is 142
the criminal history record repository as defined in that 143
section for purposes of that compact. The superintendent or the 144
superintendent's designee is the compact officer for purposes of 145
that compact and shall carry out the responsibilities of the 146
compact officer specified in that compact. 147
(6) The superintendent shall, upon request, assist a 148
county coroner in the identification of a deceased person 149
through the use of fingerprint impressions obtained pursuant to 150
division (A)(1) of this section or collected pursuant to section 151
109.572 or 311.41 of the Revised Code. 152
(B) The superintendent shall prepare and furnish to every 153
county, multicounty, municipal, municipal-county, or 154
multicounty-municipal jail or workhouse, community-based 155
correctional facility, halfway house, alternative residential 156
facility, or state correctional institution and to every clerk 157
of a court in this state specified in division (A)(2) of this 158
section standard forms for reporting the information required 159
under division (A) of this section. The standard forms that the 160
superintendent prepares pursuant to this division may be in a 161
tangible format, in an electronic format, or in both tangible 162
formats and electronic formats. 163
(C)(1) The superintendent may operate a center for 164
electronic, automated, or other data processing for the storage 165
and retrieval of information, data, and statistics pertaining to 166
criminals and to children under eighteen years of age who are 167
adjudicated delinquent children for committing an act that would 168
be a felony or an offense of violence if committed by an adult, 169
criminal activity, crime prevention, law enforcement, and 170
criminal justice, and may establish and operate a statewide 171
H. B. No. 46 As Introduced
communications network to be known as the Ohio law enforcement 172
gateway to gather and disseminate information, data, and 173
statistics for the use of law enforcement agencies and for other 174
uses specified in this division. The superintendent may gather, 175
store, retrieve, and disseminate information, data, and 176
statistics that pertain to children who are under eighteen years 177
of age and that are gathered pursuant to sections 109.57 to 178
109.61 of the Revised Code together with information, data, and 179
statistics that pertain to adults and that are gathered pursuant 180
to those sections. 181
(2) The superintendent or the superintendent's designee 182
shall gather information of the nature described in division (C) 183
(1) of this section that pertains to the offense and delinquency 184
history of a person who has been convicted of, pleaded guilty 185
to, or been adjudicated a delinquent child for committing a 186
sexually oriented offense or a child-victim oriented offense for 187
inclusion in the state registry of sex offenders and child- 188
victim offenders maintained pursuant to division (A)(1) of 189
section 2950.13 of the Revised Code and in the internet database 190
operated pursuant to division (A)(13) of that section and for 191
possible inclusion in the internet database operated pursuant to 192
division (A)(11) of that section. 193
(3) In addition to any other authorized use of 194
information, data, and statistics of the nature described in 195
division (C)(1) of this section, the superintendent or the 196
superintendent's designee may provide and exchange the 197
information, data, and statistics pursuant to the national crime 198
prevention and privacy compact as described in division (A)(5) 199
of this section. 200
(4) The Ohio law enforcement gateway shall contain the 201
H. B. No. 46 As Introduced
name, confidential address, and telephone number of program 202
participants in the address confidentiality program established 203
under sections 111.41 to 111.47 of the Revised Code. 204
(5) The attorney general may adopt rules under Chapter 119. of the Revised Code establishing guidelines for the operation of and participation in the Ohio law enforcement gateway. The rules may include criteria for granting and restricting access to information gathered and disseminated through the Ohio law enforcement gateway. The attorney general shall adopt rules under Chapter 119. of the Revised Code that grant access to information in the gateway regarding an address confidentiality program participant under sections 111.41 to 111.47 of the Revised Code to only chiefs of police, village marshals, county sheriffs, county prosecuting attorneys, and a designee of each of these individuals. The attorney general shall permit an office of a county coroner, the state medical board, and board of nursing to access and view, but not alter, information gathered and disseminated through the Ohio law enforcement gateway.
The attorney general may appoint a steering committee to 221
advise the attorney general in the operation of the Ohio law 222
enforcement gateway that is comprised of persons who are 223
representatives of the criminal justice agencies in this state 224
that use the Ohio law enforcement gateway and is chaired by the 225
superintendent or the superintendent's designee. 226
(D)(1) The following are not public records under section 49.43 of the Revised Code:
(a) Information and materials furnished to the 229
superintendent pursuant to division (A) of this section; 230
H. B. No. 46 As Introduced
(b) Information, data, and statistics gathered or 231
disseminated through the Ohio law enforcement gateway pursuant 232
to division (C)(1) of this section; 233
(c) Information and materials furnished to any board or 234
person under division (F) or (G) of this section. 235
(2) The superintendent or the superintendent's designee 236
shall gather and retain information so furnished under division 237
(A) of this section that pertains to the offense and delinquency 238
history of a person who has been convicted of, pleaded guilty 239
to, or been adjudicated a delinquent child for committing a 240
sexually oriented offense or a child-victim oriented offense for 241
the purposes described in division (C)(2) of this section. 242
(E)(1) The attorney general shall adopt rules, in accordance with Chapter 119. of the Revised Code and subject to division (E)(2) of this section, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section. A reasonable fee may be charged for this service. If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed or described in division (A)(1), (2), or (3) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged.
(2) Except as otherwise provided in this division or 255
division (E)(3) or (4) of this section, a rule adopted under 256
division (E)(1) of this section may provide only for the release 257
of information gathered pursuant to division (A) of this section 258
that relates to the conviction of a person, or a person's plea 259
of guilty to, a criminal offense or to the arrest of a person as 260
H. B. No. 46 As Introduced
provided in division (E)(3) of this section. The superintendent 261
shall not release, and the attorney general shall not adopt any 262
rule under division (E)(1) of this section that permits the 263
release of, any information gathered pursuant to division (A) of 264
this section that relates to an adjudication of a child as a 265
delinquent child, or that relates to a criminal conviction of a 266
person under eighteen years of age if the person's case was 267
transferred back to a juvenile court under division (B)(2) or 268
(3) of section 2152.121 of the Revised Code and the juvenile 269
court imposed a disposition or serious youthful offender 270
disposition upon the person under either division, unless either 271
of the following applies with respect to the adjudication or 272
conviction: 273
(a) The adjudication or conviction was for a violation of 274
section 2903.01 or 2903.02 of the Revised Code. 275
(b) The adjudication or conviction was for a sexually 276
oriented offense, the juvenile court was required to classify 277
the child a juvenile offender registrant for that offense under 278
section 2152.82, 2152.83, or 2152.86 of the Revised Code, that 279
classification has not been removed, and the records of the 280
adjudication or conviction have not been sealed or expunged 281
pursuant to sections 2151.355 to 2151.358 or sealed or expunged 282
pursuant to section 2953.32 of the Revised Code. 283
(3) A rule adopted under division (E)(1) of this section 284
may provide for the release of information gathered pursuant to 285
division (A) of this section that relates to the arrest of a 286
person who is eighteen years of age or older when the person has 287
not been convicted as a result of that arrest if any of the 288
following applies: 289
(a) The arrest was made outside of this state. 290
H. B. No. 46 As Introduced
(b) A criminal action resulting from the arrest is 291
pending, and the superintendent confirms that the criminal 292
action has not been resolved at the time the criminal records 293
check is performed. 294
(c) The bureau cannot reasonably determine whether a 295
criminal action resulting from the arrest is pending, and not 296
more than one year has elapsed since the date of the arrest. 297
(4) A rule adopted under division (E)(1) of this section 298
may provide for the release of information gathered pursuant to 299
division (A) of this section that relates to an adjudication of 300
a child as a delinquent child if not more than five years have 301
elapsed since the date of the adjudication, the adjudication was 302
for an act that would have been a felony if committed by an 303
adult, the records of the adjudication have not been sealed or 304
expunged pursuant to sections 2151.355 to 2151.358 of the 305
Revised Code, and the request for information is made under 306
division (F) of this section or under section 109.572 of the 307
Revised Code. In the case of an adjudication for a violation of 308
the terms of community control or supervised release, the five- 309
year period shall be calculated from the date of the 310
adjudication to which the community control or supervised 311
release pertains. 312
(F)(1) As used in division (F)(2) of this section, "head 313
start agency" means an entity in this state that has been 314
approved to be an agency for purposes of subchapter II of the 315
"Community Economic Development Act," 95 Stat. 489 (1981), 42 316
U.S.C.A. 9831, as amended. 317
(2)(a) In addition to or in conjunction with any request 318
that is required to be made under section 109.572, 2151.86, 319
3301.32, 3301.541, division (C) of section 3310.58, or section 320
H. B. No. 46 As Introduced
3319.39, 3319.391, 3327.10, 3740.11, 5104.013, 5123.081, or 321
5153.111 of the Revised Code or that is made under section 322
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the 323
board of education of any school district; the director of 324
developmental disabilities; any county board of developmental 325
disabilities; any provider or subcontractor as defined in 326
section 5123.081 of the Revised Code; the chief administrator of 327
any chartered nonpublic school; the chief administrator of a 328
registered private provider that is not also a chartered 329
nonpublic school; the chief administrator of any home health 330
agency; the chief administrator of or person operating any child 331
care center, type A family child care home, or type B family 332
child care home licensed under Chapter 5104. of the Revised 333
Code; the chief administrator of or person operating any 334
authorized private before and after school care program; the 335
chief administrator of any head start agency; the executive 336
director of a public children services agency; a private company 337
described in section 3314.41, 3319.392, 3326.25, or 3328.20 of 338
the Revised Code; or an employer described in division (J)(2) of 339
section 3327.10 of the Revised Code may request that the 340
superintendent of the bureau investigate and determine, with 341
respect to any individual who has applied for employment in any 342
position after October 2, 1989, or any individual wishing to 343
apply for employment with a board of education may request, with 344
regard to the individual, whether the bureau has any information 345
gathered under division (A) of this section that pertains to 346
that individual. On receipt of the request, subject to division 347
(E)(2) of this section, the superintendent shall determine 348
whether that information exists and, upon request of the person, 349
board, or entity requesting information, also shall request from 350
the federal bureau of investigation any criminal records it has 351
pertaining to that individual. The superintendent or the 352
H. B. No. 46 As Introduced
superintendent's designee also may request criminal history 353
records from other states or the federal government pursuant to 354
the national crime prevention and privacy compact set forth in 355
section 109.571 of the Revised Code. Within thirty days of the 356
date that the superintendent receives a request, subject to 357
division (E)(2) of this section, the superintendent shall send 358
to the board, entity, or person a report of any information that 359
the superintendent determines exists, including information 360
contained in records that have been sealed under section 2953.32 361
of the Revised Code, and, within thirty days of its receipt, 362
subject to division (E)(2) of this section, shall send the 363
board, entity, or person a report of any information received 364
from the federal bureau of investigation, other than information 365
the dissemination of which is prohibited by federal law. 366
(b) When a board of education or a registered private 367
provider is required to receive information under this section 368
as a prerequisite to employment of an individual pursuant to 369
division (C) of section 3310.58 or section 3319.39 of the 370
Revised Code, it may accept a certified copy of records that 371
were issued by the bureau of criminal identification and 372
investigation and that are presented by an individual applying 373
for employment with the district in lieu of requesting that 374
information itself. In such a case, the board shall accept the 375
certified copy issued by the bureau in order to make a photocopy 376
of it for that individual's employment application documents and 377
shall return the certified copy to the individual. In a case of 378
that nature, a district or provider only shall accept a 379
certified copy of records of that nature within one year after 380
the date of their issuance by the bureau. 381
(c) Notwithstanding division (F)(2)(a) of this section, in 382
the case of a request under section 3319.39, 3319.391, or 383
H. B. No. 46 As Introduced
3327.10 of the Revised Code only for criminal records maintained 384
by the federal bureau of investigation, the superintendent shall 385
not determine whether any information gathered under division 386
(A) of this section exists on the person for whom the request is 387
made. 388
(3) The state board of education or the department of education and workforce may request, with respect to any individual who has applied for employment after October 2, 1989, in any position with the state board or the department of education and workforce, any information that a school district board of education is authorized to request under division (F) (2) of this section, and the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a 399
request for information under section 3319.291 of the Revised 400
Code, the superintendent shall proceed as if the request has 401
been received from a school district board of education and 402
shall comply with divisions (F)(2)(a) and (c) of this section. 403
(G) In addition to or in conjunction with any request that 404
is required to be made under section 3712.09, 3721.121, or 405
3740.11 of the Revised Code with respect to an individual who 406
has applied for employment in a position that involves providing 407
direct care to an older adult or adult resident, the chief 408
administrator of a home health agency, hospice care program, 409
home licensed under Chapter 3721. of the Revised Code, or adult 410
day-care program operated pursuant to rules adopted under 411
section 3721.04 of the Revised Code may request that the 412
superintendent of the bureau investigate and determine, with 413
H. B. No. 46 As Introduced
respect to any individual who has applied after January 27, 414
1997, for employment in a position that does not involve 415
providing direct care to an older adult or adult resident, 416
whether the bureau has any information gathered under division 417
(A) of this section that pertains to that individual. 418
In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsman services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsman, the director of aging, a regional long-term care ombudsman program, or the designee of the ombudsman, director, or program may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsman services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 173.38 of the Revised Code with respect to an individual who has applied for employment in a direct-care position, the chief administrator of a provider, as defined in section 173.39 of the Revised Code, may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that is not a direct-care position, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
H. B. No. 46 As Introduced
required to be made under section 3712.09 of the Revised Code 444
with respect to an individual who has applied for employment in 445
a position that involves providing direct care to a pediatric 446
respite care patient, the chief administrator of a pediatric 447
respite care program may request that the superintendent of the 448
bureau investigate and determine, with respect to any individual 449
who has applied for employment in a position that does not 450
involve providing direct care to a pediatric respite care 451
patient, whether the bureau has any information gathered under 452
division (A) of this section that pertains to that individual. 453
On receipt of a request under this division, the 454
superintendent shall determine whether that information exists 455
and, on request of the individual requesting information, shall 456
also request from the federal bureau of investigation any 457
criminal records it has pertaining to the applicant. The 458
superintendent or the superintendent's designee also may request 459
criminal history records from other states or the federal 460
government pursuant to the national crime prevention and privacy 461
compact set forth in section 109.571 of the Revised Code. Within 462
thirty days of the date a request is received, subject to 463
division (E)(2) of this section, the superintendent shall send 464
to the requester a report of any information determined to 465
exist, including information contained in records that have been 466
sealed under section 2953.32 of the Revised Code, and, within 467
thirty days of its receipt, shall send the requester a report of 468
any information received from the federal bureau of 469
investigation, other than information the dissemination of which 470
is prohibited by federal law. 471
(H) Information obtained by a government entity or person 472
under this section is confidential and shall not be released or 473
disseminated. 474
H. B. No. 46 As Introduced
(I) The superintendent may charge a reasonable fee for 475
providing information or criminal records under division (F)(2) 476
or (G) of this section. 477
(J)(J)(1) The superintendent shall develop and prepare 478
instructions and informational brochures, standard petitions, 479
and extreme risk protection order forms, and a court staff 480
handbook on the extreme risk protection order process. The 481
standard petitions and order forms shall be prepared and 482
available for use not later than six months after the effective 483
date of this amendment, for all petitions filed and orders 484
issued under sections 2923.26 to 2923.30 of the Revised Code. 485
The instructions, brochures, forms, and handbook shall be 486
prepared in consultation with interested parties, including 487
representatives of gun violence prevention groups, judges, and 488
law enforcement personnel. Materials shall be based on best 489
practices and shall be made available online to the public. The 490
petitions and petition forms referred to in divisions (J)(1) to 491
(11) of this section mean both petitions for requesting an 492
extreme risk protection order under section 2923.26 of the 493
Revised Code and applications for requesting an ex parte extreme 494
risk protection order under section 2923.27 of the Revised Code. 495
(2) The instructions shall be designed to assist 496
petitioners in completing the petition, and shall include a 497
sample of a standard petition and an extreme risk protection 498
order form. 499
(3) The instructions and standard petition shall include a 500
means for the petitioner to identify, without special knowledge, 501
the firearms the respondent may own, possess, receive, or have 502
in the respondent's custody or control. The instructions shall 503
provide pictures of types of firearms that the petitioner may 504
H. B. No. 46 As Introduced
choose from to identify the relevant firearms, or an equivalent 505
means to allow petitioners to identify firearms without 506
requiring specific or technical knowledge regarding the 507
firearms. 508
(4) The informational brochure shall describe the use of 509
and the process for obtaining, modifying, and terminating an 510
extreme risk protection order under sections 2923.26 to 2923.30 511
of the Revised Code and provide relevant forms. 512
(5) The extreme risk protection order form shall include, 513
in a conspicuous location, notice of criminal penalties 514
resulting from a violation of the order, and the following 515
statement: 516
"You have the sole responsibility to avoid or refrain from 517
violating this order's provisions. Only the court can change the 518
order and only upon written application." 519
(6) The court staff handbook shall allow for a clerk of 520
court to add to the handbook a community resource list. 521
(7) The superintendent shall distribute a master copy of 522
the petition and order forms, instructions, and informational 523
brochures to every clerk of court and shall distribute a master 524
copy of the petition and order forms to all county courts, 525
municipal courts, and courts of common pleas. 526
(8) The superintendent shall distribute all documents in 527
an electronic format or formats accessible to all courts and 528
clerks of court in the state and may additionally distribute the 529
documents in other formats. 530
(9) The superintendent shall determine the significant 531
non-English-speaking or limited English-speaking populations in 532
the state and arrange for translation of the instructions and 533
H. B. No. 46 As Introduced
informational brochures required by this section into the 534
languages spoken by those populations. The translated 535
instructions and informational brochures shall contain a sample 536
of the standard petition and order for protection forms. The 537
superintendent shall distribute a master copy of the translated 538
instructions and informational brochures to every clerk of court 539
not later than one year after the effective date of this 540
amendment. 541
(10) The superintendent shall update the instructions, 542
brochures, standard petitions, and extreme risk protection order 543
forms, and court staff handbook as necessary, including when 544
changes in the law make an update necessary. 545
(11) Any assistance or information provided by a clerk of 546
court under division (J) of this section does not constitute the 547
practice of law. 548
(K) In addition to informational brochures and materials 549
made available by the superintendent under division (J) of this 550
section, each clerk of court may create a community resource 551
list of crisis intervention, mental health, substance abuse, 552
interpreter, counseling, and other relevant resources serving 553
the county in which the court is located. 554
(L) As used in this section: 555
(1) "Pediatric respite care program" and "pediatric care 556
patient" have the same meanings as in section 3712.01 of the 557
Revised Code. 558
(2) "Sexually oriented offense" and "child-victim oriented 559
offense" have the same meanings as in section 2950.01 of the 560
Revised Code. 561
(3) "Registered private provider" means a nonpublic school 562
H. B. No. 46 As Introduced
or entity registered with the department of education and 563
workforce under section 3310.41 of the Revised Code to 564
participate in the autism scholarship program or section 3310.58 565
of the Revised Code to participate in the Jon Peterson special 566
needs scholarship program. 567
(4) "Extreme risk protection order" and "ex parte extreme 568
risk protection order" have the same meanings as in section 569
2923.26 of the Revised Code. 570
Sec. 2923.125. It is the intent of the general assembly that Ohio concealed handgun license law be compliant with the national instant criminal background check system, that the bureau of alcohol, tobacco, firearms, and explosives is able to determine that Ohio law is compliant with the national instant criminal background check system, and that no person shall be eligible to receive a concealed handgun license permit under section 2923.125 or 2923.1213 of the Revised Code unless the person is eligible lawfully to receive or possess a firearm in the United States.
(A) This section applies with respect to the application 581
for and issuance by this state of concealed handgun licenses 582
other than concealed handgun licenses on a temporary emergency 583
basis that are issued under section 2923.1213 of the Revised 584
Code. Upon the request of a person who wishes to obtain a 585
concealed handgun license with respect to which this section 586
applies or to renew a concealed handgun license with respect to 587
which this section applies, a sheriff, as provided in division 588
(I) of this section, shall provide to the person free of charge 589
an application form and the web site address at which a 590
printable version of the application form that can be downloaded 591
and the pamphlet described in division (B) of section 109.731 of 592
H. B. No. 46 As Introduced
the Revised Code may be found. A sheriff shall accept a 593
completed application form and the fee, items, materials, and 594
information specified in divisions (B)(1) to (5) of this section 595
at the times and in the manners described in division (I) of 596
this section. 597
(B) An applicant for a concealed handgun license who is a 598
resident of this state shall submit a completed application form 599
and all of the material and information described in divisions 600
(B)(1) to (6) of this section to the sheriff of the county in 601
which the applicant resides or to the sheriff of any county 602
adjacent to the county in which the applicant resides. An 603
applicant for a license who resides in another state shall 604
submit a completed application form and all of the material and 605
information described in divisions (B)(1) to (7) of this section 606
to the sheriff of the county in which the applicant is employed 607
or to the sheriff of any county adjacent to the county in which 608
the applicant is employed: 609
(1)(a) A nonrefundable license fee as described in either 610
of the following: 611
(i) For an applicant who has been a resident of this state 612
for five or more years, a fee of sixty-seven dollars; 613
(ii) For an applicant who has been a resident of this 614
state for less than five years or who is not a resident of this 615
state, but who is employed in this state, a fee of sixty-seven 616
dollars plus the actual cost of having a background check 617
performed by the federal bureau of investigation. 618
(b) No sheriff shall require an applicant to pay for the 619
cost of a background check performed by the bureau of criminal 620
identification and investigation. 621
H. B. No. 46 As Introduced
(c) A sheriff shall waive the payment of the license fee 622
described in division (B)(1)(a) of this section in connection 623
with an initial or renewal application for a license that is 624
submitted by an applicant who is an active or reserve member of 625
the armed forces of the United States or has retired from or was 626
honorably discharged from military service in the active or 627
reserve armed forces of the United States, a retired peace 628
officer, a retired person described in division (B)(1)(b) of 629
section 109.77 of the Revised Code, or a retired federal law 630
enforcement officer who, prior to retirement, was authorized 631
under federal law to carry a firearm in the course of duty, 632
unless the retired peace officer, person, or federal law 633
enforcement officer retired as the result of a mental 634
disability. 635
(d) The sheriff shall deposit all fees paid by an 636
applicant under division (B)(1)(a) of this section into the 637
sheriff's concealed handgun license issuance fund established 638
pursuant to section 311.42 of the Revised Code. The county shall 639
distribute the fees in accordance with section 311.42 of the 640
Revised Code. 641
(2) A color photograph of the applicant that was taken 642
within thirty days prior to the date of the application; 643
(3) One or more of the following competency 644
certifications, each of which shall reflect that, regarding a 645
certification described in division (B)(3)(a), (b), (c), (e), or 646
(f) of this section, within the three years immediately 647
preceding the application the applicant has performed that to 648
which the competency certification relates and that, regarding a 649
certification described in division (B)(3)(d) of this section, 650
the applicant currently is an active or reserve member of the 651
H. B. No. 46 As Introduced
armed forces of the United States, the applicant has retired 652
from or was honorably discharged from military service in the 653
active or reserve armed forces of the United States, or within 654
the ten years immediately preceding the application the 655
retirement of the peace officer, person described in division 656
(B)(1)(b) of section 109.77 of the Revised Code, or federal law 657
enforcement officer to which the competency certification 658
relates occurred: 659
(a) An original or photocopy of a certificate of 660
completion of a firearms safety, training, or requalification or 661
firearms safety instructor course, class, or program that was 662
offered by or under the auspices of a national gun advocacy 663
organization and that complies with the requirements set forth 664
in division (G) of this section; 665
(b) An original or photocopy of a certificate of 666
completion of a firearms safety, training, or requalification or 667
firearms safety instructor course, class, or program that 668
satisfies all of the following criteria: 669
(i) It was open to members of the general public. 670
(ii) It utilized qualified instructors who were certified 671
by a national gun advocacy organization, the executive director 672
of the Ohio peace officer training commission pursuant to 673
section 109.75 or 109.78 of the Revised Code, or a governmental 674
official or entity of another state. 675
(iii) It was offered by or under the auspices of a law 676
enforcement agency of this or another state or the United 677
States, a public or private college, university, or other 678
similar postsecondary educational institution located in this or 679
another state, a firearms training school located in this or 680
H. B. No. 46 As Introduced
another state, or another type of public or private entity or 681
organization located in this or another state. 682
(iv) It complies with the requirements set forth in 683
division (G) of this section. 684
(c) An original or photocopy of a certificate of 685
completion of a state, county, municipal, or department of 686
natural resources peace officer training school that is approved 687
by the executive director of the Ohio peace officer training 688
commission pursuant to section 109.75 of the Revised Code and 689
that complies with the requirements set forth in division (G) of 690
this section, or the applicant has satisfactorily completed and 691
been issued a certificate of completion of a basic firearms 692
training program, a firearms requalification training program, 693
or another basic training program described in section 109.78 or 694
109.801 of the Revised Code that complies with the requirements 695
set forth in division (G) of this section; 696
(d) A document that evidences both of the following: 697
(i) That the applicant is an active or reserve member of 698
the armed forces of the United States, has retired from or was 699
honorably discharged from military service in the active or 700
reserve armed forces of the United States, is a retired trooper 701
of the state highway patrol, or is a retired peace officer or 702
federal law enforcement officer described in division (B)(1) of 703
this section or a retired person described in division (B)(1)(b) 704
of section 109.77 of the Revised Code and division (B)(1) of 705
this section; 706
(ii) That, through participation in the military service 707
or through the former employment described in division (B)(3)(d) 708
(i) of this section, the applicant acquired experience with 709
H. B. No. 46 As Introduced
handling handguns or other firearms, and the experience so 710
acquired was equivalent to training that the applicant could 711
have acquired in a course, class, or program described in 712
division (B)(3)(a), (b), or (c) of this section. 713
(e) A certificate or another similar document that 714
evidences satisfactory completion of a firearms training, 715
safety, or requalification or firearms safety instructor course, 716
class, or program that is not otherwise described in division 717
(B)(3)(a), (b), (c), or (d) of this section, that was conducted 718
by an instructor who was certified by an official or entity of 719
the government of this or another state or the United States or 720
by a national gun advocacy organization, and that complies with 721
the requirements set forth in division (G) of this section; 722
(f) An affidavit that attests to the applicant's 723
satisfactory completion of a course, class, or program described 724
in division (B)(3)(a), (b), (c), or (e) of this section and that 725
is subscribed by the applicant's instructor or an authorized 726
representative of the entity that offered the course, class, or 727
program or under whose auspices the course, class, or program 728
was offered; 729
(g) A document that evidences that the applicant has 730
successfully completed the Ohio peace officer training program 731
described in section 109.79 of the Revised Code. 732
(4) A certification by the applicant that the applicant 733
has read the pamphlet prepared by the Ohio peace officer 734
training commission pursuant to section 109.731 of the Revised 735
Code that reviews firearms, dispute resolution, and use of 736
deadly force matters. 737
(5) A set of fingerprints of the applicant provided as 738
H. B. No. 46 As Introduced
described in section 311.41 of the Revised Code through use of 739
an electronic fingerprint reading device or, if the sheriff to 740
whom the application is submitted does not possess and does not 741
have ready access to the use of such a reading device, on a 742
standard impression sheet prescribed pursuant to division (C)(2) 743
of section 109.572 of the Revised Code. 744
(6) If the applicant is not a citizen or national of the 745
United States, the name of the applicant's country of 746
citizenship and the applicant's alien registration number issued 747
by the United States citizenship and immigration services 748
agency. 749
(7) If the applicant resides in another state, adequate 750
proof of employment in Ohio. 751
(C) Upon receipt of the completed application form, 752
supporting documentation, and, if not waived, license fee of an 753
applicant under this section, a sheriff, in the manner specified 754
in section 311.41 of the Revised Code, shall conduct or cause to 755
be conducted the criminal records check and the incompetency 756
records check described in section 311.41 of the Revised Code. 757
(D)(1) Except as provided in division (D)(3) of this 758
section, within forty-five days after a sheriff's receipt of an 759
applicant's completed application form for a concealed handgun 760
license under this section, the supporting documentation, and, 761
if not waived, the license fee, the sheriff shall make available 762
through the law enforcement automated data system in accordance 763
with division (H) of this section the information described in 764
that division and, upon making the information available through 765
the system, shall issue to the applicant a concealed handgun 766
license that shall expire as described in division (D)(2)(a) of 767
this section if all of the following apply: 768
H. B. No. 46 As Introduced
(a) The applicant is legally living in the United States. For purposes of division (D)(1)(a) of this section, if a person is absent from the United States in compliance with military or naval orders as an active or reserve member of the armed forces of the United States and if prior to leaving the United States the person was legally living in the United States, the person, solely by reason of that absence, shall not be considered to have lost the person's status as living in the United States.
775
776
(b) The applicant is at least twenty-one years of age. 777
(c) The applicant is not a fugitive from justice. 778
(d) The applicant is not under indictment for or otherwise 779
charged with a felony; an offense under Chapter 2925., 3719., or 780
4729. of the Revised Code that involves the illegal possession, 781
use, sale, administration, or distribution of or trafficking in 782
a drug of abuse; a misdemeanor offense of violence; or a 783
violation of section 2903.14 or 2923.1211 of the Revised Code. 784
(e) Except as otherwise provided in division (D)(4) or (5) 785
of this section, the applicant has not been convicted of or 786
pleaded guilty to a felony or an offense under Chapter 2925., 787
3719., or 4729. of the Revised Code that involves the illegal 788
possession, use, sale, administration, or distribution of or 789
trafficking in a drug of abuse; has not been adjudicated a 790
delinquent child for committing an act that if committed by an 791
adult would be a felony or would be an offense under Chapter 792
2925., 3719., or 4729. of the Revised Code that involves the 793
illegal possession, use, sale, administration, or distribution 794
of or trafficking in a drug of abuse; has not been convicted of, 795
pleaded guilty to, or adjudicated a delinquent child for 796
committing a violation of section 2903.13 of the Revised Code 797
when the victim of the violation is a peace officer, regardless 798
H. B. No. 46 As Introduced
of whether the applicant was sentenced under division (C)(4)(C) (5) or (6) of that section; and has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any other offense that is not previously described in this division that is a misdemeanor punishable by imprisonment for a term exceeding one year.
(f) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant, within three years of the date of the application, has not been convicted of or pleaded guilty to a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, or a misdemeanor violation of section 2923.1211 of the Revised Code; and has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer or for committing an act that if committed by an adult would be a misdemeanor violation of section 2923.1211 of the Revised Code.
(g) Except as otherwise provided in division (D)(1)(e) of this section, the applicant, within five years of the date of the application, has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing two or more violations of section 2903.13 or 2903.14 of the Revised Code.
(h) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant, within ten years of the date of the application, has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of
H. B. No. 46 As Introduced
section 2921.33 of the Revised Code. 829
(i) The applicant has not been committed to any mental 830
institution, is not under adjudication of mental incompetence, 831
has not been found by a court to be a person with a mental 832
illness subject to court order, and is not an involuntary 833
patient other than one who is a patient only for purposes of 834
observation. As used in this division, "person with a mental 835
illness subject to court order" and "patient" have the same 836
meanings as in section 5122.01 of the Revised Code. 837
(j) The applicant is not currently subject to a civil 838
protection order, a temporary protection order, an extreme risk 839
protection order or ex parte extreme risk protection order 840
issued under sections 2923.26 to 2923.30 of the Revised Code, or 841
a protection order issued by a court of another state. 842
(k) The applicant certifies that the applicant desires a 843
legal means to carry a concealed handgun for defense of the 844
applicant or a member of the applicant's family while engaged in 845
lawful activity. 846
(l) The applicant submits a competency certification of 847
the type described in division (B)(3) of this section and 848
submits a certification of the type described in division (B)(4) 849
of this section regarding the applicant's reading of the 850
pamphlet prepared by the Ohio peace officer training commission 851
pursuant to section 109.731 of the Revised Code. 852
(m) The applicant currently is not subject to a suspension 853
imposed under division (A)(2) of section 2923.128 of the Revised 854
Code of a concealed handgun license that previously was issued 855
to the applicant under this section or section 2923.1213 of the 856
Revised Code or a similar suspension imposed by another state 857
H. B. No. 46 Page 30 As Introduced
regarding a concealed handgun license issued by that state. 858
(n) If the applicant resides in another state, the 859
applicant is employed in this state. 860
(o) The applicant certifies that the applicant is not an 861
unlawful user of or addicted to any controlled substance as 862
defined in 21 U.S.C. 802. 863
(p) If the applicant is not a United States citizen, the 864
applicant is an alien and has not been admitted to the United 865
States under a nonimmigrant visa, as defined in the "Immigration 866
and Nationality Act," 8 U.S.C. 1101(a)(26). 867
(q) The applicant has not been discharged from the armed 868
forces of the United States under dishonorable conditions. 869
(r) The applicant certifies that the applicant has not 870
renounced the applicant's United States citizenship, if 871
applicable. 872
(s) The applicant has not been convicted of, pleaded 873
guilty to, or adjudicated a delinquent child for committing a 874
violation of section 2919.25 of the Revised Code or a similar 875
violation in another state. 876
(2)(a) A concealed handgun license that a sheriff issues 877
under division (D)(1) of this section shall expire five years 878
after the date of issuance. 879
If a sheriff issues a license under this section, the 880
sheriff shall place on the license a unique combination of 881
letters and numbers identifying the license in accordance with 882
the procedure prescribed by the Ohio peace officer training 883
commission pursuant to section 109.731 of the Revised Code. 884
(b) If a sheriff denies an application under this section 885
H. B. No. 46 As Introduced
because the applicant does not satisfy the criteria described in division (D)(1) of this section, the sheriff shall specify the grounds for the denial in a written notice to the applicant. The applicant may appeal the denial pursuant to section 119.12 of the Revised Code in the county served by the sheriff who denied the application. If the denial was as a result of the criminal records check conducted pursuant to section 311.41 of the Revised Code and if, pursuant to section 2923.127 of the Revised Code, the applicant challenges the criminal records check results using the appropriate challenge and review procedure specified in that section, the time for filing the appeal pursuant to section 119.12 of the Revised Code and this division is tolled during the pendency of the request or the challenge and review.
(c) If the court in an appeal under section 119.12 of the 900
Revised Code and division (D)(2)(b) of this section enters a 901
judgment sustaining the sheriff's refusal to grant to the 902
applicant a concealed handgun license, the applicant may file a 903
new application beginning one year after the judgment is 904
entered. If the court enters a judgment in favor of the 905
applicant, that judgment shall not restrict the authority of a 906
sheriff to suspend or revoke the license pursuant to section 907
2923.128 or 2923.1213 of the Revised Code or to refuse to renew 908
the license for any proper cause that may occur after the date 909
the judgment is entered. In the appeal, the court shall have 910
full power to dispose of all costs. 911
(3) If the sheriff with whom an application for a 912
concealed handgun license was filed under this section becomes 913
aware that the applicant has been arrested for or otherwise 914
charged with an offense that would disqualify the applicant from 915
holding the license, the sheriff shall suspend the processing of 916
H. B. No. 46 As Introduced
the application until the disposition of the case arising from 917
the arrest or charge. 918
(4) If an applicant has been convicted of or pleaded guilty to an offense identified in division (D)(1)(e), (f), or (h) of this section or has been adjudicated a delinquent child for committing an act or violation identified in any of those divisions, and if a court has ordered the sealing or expungement of the records of that conviction, guilty plea, or adjudication pursuant to sections 2151.355 to 2151.358, sections 2953.31 to 2953.35, or section 2953.39 of the Revised Code or the applicant has been relieved under operation of law or legal process from the disability imposed pursuant to section 2923.13 of the Revised Code relative to that conviction, guilty plea, or adjudication, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary emergency basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.
(5) If an applicant has been convicted of or pleaded 937
guilty to a minor misdemeanor offense or has been adjudicated a 938
delinquent child for committing an act or violation that is a 939
minor misdemeanor offense, the sheriff with whom the application 940
was submitted shall not consider the conviction, guilty plea, or 941
adjudication in making a determination under division (D)(1) or 942
(F) of this section or, in relation to an application for a 943
concealed handgun license on a temporary basis submitted under 944
section 2923.1213 of the Revised Code, in making a determination 945
under division (B)(2) of that section. 946
H. B. No. 46 As Introduced
(E) If a concealed handgun license issued under this 947
section is lost or is destroyed, the licensee may obtain from 948
the sheriff who issued that license a duplicate license upon the 949
payment of a fee of fifteen dollars and the submission of an 950
affidavit attesting to the loss or destruction of the license. 951
The sheriff, in accordance with the procedures prescribed in 952
section 109.731 of the Revised Code, shall place on the 953
replacement license a combination of identifying numbers 954
different from the combination on the license that is being 955
replaced. 956
(F)(1)(a) Except as provided in division (F)(1)(b) of this section, a licensee who wishes to renew a concealed handgun license issued under this section may do so at any time before the expiration date of the license or at any time after the expiration date of the license by filing with the sheriff of the county in which the applicant resides or with the sheriff of an adjacent county, or in the case of an applicant who resides in another state with the sheriff of the county that issued the applicant's previous concealed handgun license an application for renewal of the license obtained pursuant to division (D) of this section, a certification by the applicant that, subsequent to the issuance of the license, the applicant has reread the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code that reviews firearms, dispute resolution, and use of deadly force matters, and a nonrefundable license renewal fee in an amount determined pursuant to division (F)(4) of this section unless the fee is waived.
(b) A person on active duty in the armed forces of the United States or in service with the peace corps, volunteers in service to America, or the foreign service of the United States
H. B. No. 46 As Introduced
| is exempt from the license requirements of this section for the | 978 | |
| oeriod of the person's active duty or service and for six months | 979 | |
| thereafter, provided the person was a licensee under this | 980 | |
| 981 | ||
| duty or service or had obtained a license while on active duty | 982 | |
| or service. The spouse or a dependent of any such person on | 983 | |
| active duty or in service also is exempt from the license | 984 | |
| 985 | ||
| active duty or service and for six months thereafter, provided | 986 | |
| 987 | ||
| time the person commenced the active duty or service or had | 988 | |
| obtained a license while the person was on active duty or | 989 | |
| service, and provided further that the person's active duty or | 990 | |
| service resulted in the spouse or dependent relocating outside | 991 | |
| of this state during the period of the active duty or service. | 992 | |
| This division does not prevent such a person or the person's | 993 | |
| spouse or dependent from making an application for the renewal | 994 | |
| of a concealed handgun license during the period of the person's | 995 | |
| active duty or service. | 996 | |
| (2） A sheriff shall accept a completed renewal | 997 | |
| application, the license renewal fee, and the information | 866 | |
| specified in division (F)(l） of this section at the times and in | 999 | |
| the manners described in division (I） of this section.Upon | 1000 | |
| receipt of a completed renewal application, of certification | 1001 | |
| chat the applicant has reread the specified pamphlet prepared by | 1002 | |
| che Ohio peace officer training commission, and of a license | 1003 | |
| renewal fee unless the fee is waived, a sheriff, in the manner | 1004 | |
| specified in section 3ll.4l of the Revised Code shall conduct or | 1005 | |
| cause to be conducted the criminal records check and the | 1006 | |
| incompetency records check described in section 31l.4l of the | 1007 | |
| Revised Code. The sheriff shall renew the license if the sheriff | 1008 |
H. B. No. 46 As Introduced
determines that the applicant continues to satisfy the requirements described in division (D)(1) of this section, except that the applicant is not required to meet the requirements of division (D)(1)(l) of this section. A renewed license shall expire five years after the date of issuance. A renewed license is subject to division (E) of this section and sections 2923.126 and 2923.128 of the Revised Code. A sheriff shall comply with divisions (D)(2) and (3) of this section when the circumstances described in those divisions apply to a requested license renewal. If a sheriff denies the renewal of a concealed handgun license, the applicant may appeal the denial, or challenge the criminal record check results that were the basis of the denial if applicable, in the same manner as specified in division (D)(2)(b) of this section and in section 2923.127 of the Revised Code, regarding the denial of a license under this section.
(3) A renewal application submitted pursuant to division (F) of this section shall only require the licensee to list on the application form information and matters occurring since the date of the licensee's last application for a license pursuant to division (B) or (F) of this section. A sheriff conducting the criminal records check and the incompetency records check described in section 311.41 of the Revised Code shall conduct the check only from the date of the licensee's last application for a license pursuant to division (B) or (F) of this section through the date of the renewal application submitted pursuant to division (F) of this section.
(4) An applicant for a renewal concealed handgun license 1036
under this section shall submit to the sheriff of the county in 1037
which the applicant resides or to the sheriff of any county 1038
adjacent to the county in which the applicant resides, or in the 1039
H. B. No. 46 As Introduced
| case of an applicant who resides in another state to the sheriff | |
| of the county that issued the applicant's previous concealed 1041 | |
| handgun license, a nonrefundable license fee as described in 1042 | |
| either of the following: | 1043 |
| (a) For an applicant who has been a resident of this state | 1044 |
| for five or more years， a fee of fifty dollars; | 1045 |
| (b) For an applicant who has been a resident of this state 1046 | |
| for less than five years or who is not a resident of this state 1047 | |
| but who is employed in this state, a fee of fifty dollars plus | 1048 |
| the actual cost of having a background check performed by the | 1049 |
| federal bureau of investigation. | 1050 |
| 1051 | |
| 1052 | |
| state, as applicable, is valid until the date of expiration on | 1053 |
| the license, and the licensee is prohibited from renewing the | 1054 |
| concealed handgun license. | 1055 |
| (G)(l） Each course, class, or program described in | 1056 |
| division (B)(3)(a)，(b)，(c)，or (e）of this Section shall | 1057 |
| provide to each person who takes the course, class, or program | 1058 |
| the web site address at which the pamphlet prepared by the Ohio | 1059 |
| peace officer training commission pursuant to section 109.73l of | 1060 |
| the Revised Code that reviews firearms, dispute resolution, and | 1061 |
| use of deadly force matters may be found. Each such course, | 1062 |
| class, or program described in one of those divisions shall | 1063 |
| include at least eight hours of training in the safe handling | 1064 |
| and use of a firearm that shall include training， provided as | 1065 |
| described in division (G)(3) of this section, on all of the | 1066 |
| following: | 1067 |
| (a） The ability to name, explain, and demonstrate the | 1068 |
H. B. No. 46 As Introduced
rules for safe handling of a handgun and proper storage 1069
practices for handguns and ammunition; 1070
(b) The ability to demonstrate and explain how to handle 1071
ammunition in a safe manner; 1072
(c) The ability to demonstrate the knowledge, skills, and 1073
attitude necessary to shoot a handgun in a safe manner; 1074
(d) Gun handling training; 1075
(e) A minimum of two hours of in-person training that 1076
consists of range time and live-fire training. 1077
(2) To satisfactorily complete the course, class, or 1078
program described in division (B)(3)(a), (b), (c), or (e) of 1079
this section, the applicant shall pass a competency examination 1080
that shall include both of the following: 1081
(a) A written section, provided as described in division 1082
(G)(3) of this section, on the ability to name and explain the 1083
rules for the safe handling of a handgun and proper storage 1084
practices for handguns and ammunition; 1085
(b) An in-person physical demonstration of competence in 1086
the use of a handgun and in the rules for safe handling and 1087
storage of a handgun and a physical demonstration of the 1088
attitude necessary to shoot a handgun in a safe manner. 1089
(3)(a) Except as otherwise provided in this division, the 1090
training specified in division (G)(1)(a) of this section shall 1091
be provided to the person receiving the training in person by an 1092
instructor. If the training specified in division (G)(1)(a) of 1093
this section is provided by a course, class, or program 1094
described in division (B)(3)(a) of this section, or it is 1095
provided by a course, class, or program described in division 1096
H. B. No. 46 As Introduced
(B)(3)(b), (c), or (e) of this section and the instructor is a 1097
qualified instructor certified by a national gun advocacy 1098
organization, the training so specified, other than the training 1099
that requires the person receiving the training to demonstrate 1100
handling abilities, may be provided online or as a combination 1101
of in-person and online training, as long as the online training 1102
includes an interactive component that regularly engages the 1103
person. 1104
(b) Except as otherwise provided in this division, the written section of the competency examination specified in division (G)(2)(a) of this section shall be administered to the person taking the competency examination in person by an instructor. If the training specified in division (G)(1)(a) of this section is provided to the person receiving the training by a course, class, or program described in division (B)(3)(a) of this section, or it is provided by a course, class, or program described in division (B)(3)(b), (c), or (e) of this section and the instructor is a qualified instructor certified by a national gun advocacy organization, the written section of the competency examination specified in division (G)(2)(a) of this section may be administered online, as long as the online training includes an interactive component that regularly engages the person.
(4) The competency certification described in division (B) (3)(a), (b), (c), or (e) of this section shall be dated and shall attest that the course, class, or program the applicant successfully completed met the requirements described in division (G)(1) of this section and that the applicant passed the competency examination described in division (G)(2) of this section.
(H) Upon deciding to issue a concealed handgun license,
H. B. No. 46 As Introduced
deciding to issue a replacement concealed handgun license, or deciding to renew a concealed handgun license pursuant to this section, and before actually issuing or renewing the license, the sheriff shall make available through the law enforcement automated data system all information contained on the license. If the license subsequently is suspended under division (A)(1) or (2) of section 2923.128 of the Revised Code, revoked pursuant to division (B)(1) of section 2923.128 of the Revised Code, or lost or destroyed, the sheriff also shall make available through the law enforcement automated data system a notation of that fact. The superintendent of the state highway patrol shall ensure that the law enforcement automated data system is so configured as to permit the transmission through the system of the information specified in this division.
(I)(1) A sheriff shall accept a completed application form or renewal application, and the fee, items, materials, and information specified in divisions (B)(1) to (5) or division (F) of this section, whichever is applicable, and shall provide an application form or renewal application to any person during at least fifteen hours a week and shall provide the web site address at which a printable version of the application form that can be downloaded and the pamphlet described in division (B) of section 109.731 of the Revised Code may be found at any time, upon request. The sheriff shall post notice of the hours during which the sheriff is available to accept or provide the information described in this division.
(2) A sheriff shall transmit a notice to the attorney general, in a manner determined by the attorney general, every time a license is issued that waived payment under division (B) (1)(c) of this section for an applicant who is an active or reserve member of the armed forces of the United States or has
H. B. No. 46 As Introduced
retired from or was honorably discharged from military service in the active or reserve armed forces of the United States. The attorney general shall monitor and inform sheriffs issuing licenses under this section when the amount of license fee payments waived and transmitted to the attorney general reach one million five hundred thousand dollars each year. Once a sheriff is informed that the payments waived reached one million five hundred thousand dollars in any year, a sheriff shall no longer waive payment of a license fee for an applicant who is an active or reserve member of the armed forces of the United States or has retired from or was honorably discharged from military service in the active or reserve armed forces of the United States for the remainder of that year.
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid concealed handgun license is arrested for or otherwise charged with an offense described in division (D)(1)(d) of section 2923.125 of the Revised Code or with a violation of section 2923.15 of the Revised Code or becomes subject to a temporary protection order or to a protection order issued by a court of another state that is substantially equivalent to a temporary protection order, the sheriff who issued the license shall suspend it and shall comply with division (A)(3) of this section upon becoming aware of the arrest, charge, or protection order. Upon suspending the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(1)(a) of this section 1183
shall be considered as beginning on the date that the licensee 1184
is arrested for or otherwise charged with an offense described 1185
in that division or on the date the appropriate court issued the 1186
protection order described in that division, irrespective of 1187
when the sheriff notifies the licensee under division (A)(3) of 1188
H. B. No. 46 As Introduced
this section. The suspension shall end on the date on which the 1189
charges are dismissed or the licensee is found not guilty of the 1190
offense described in division (A)(1)(a) of this section or, 1191
subject to division (B) of this section, on the date the 1192
appropriate court terminates the protection order described in 1193
that division. If the suspension so ends, the sheriff shall 1194
return the license or temporary emergency license to the 1195
licensee. 1196
(2)(a) If a licensee holding a valid concealed handgun license is convicted of or pleads guilty to a misdemeanor violation of division (B)(2) or (4) of section 2923.12 of the Revised Code or of division (E)(3) or (5) of section 2923.16 of the Revised Code, subject to division (C) of this section, the sheriff who issued the license shall suspend it and shall comply with division (A)(3) of this section upon becoming aware of the conviction or guilty plea. Upon suspending the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(2)(a) of this section 1207
shall be considered as beginning on the date that the licensee 1208
is convicted of or pleads guilty to the offense described in 1209
that division, irrespective of when the sheriff notifies the 1210
licensee under division (A)(3) of this section. If the 1211
suspension is imposed for a misdemeanor violation of division 1212
(B)(2) of section 2923.12 of the Revised Code or of division (E) 1213
(3) of section 2923.16 of the Revised Code, it shall end on the 1214
date that is one year after the date that the licensee is 1215
convicted of or pleads guilty to that violation. If the 1216
suspension is imposed for a misdemeanor violation of division 1217
(B)(4) of section 2923.12 of the Revised Code or of division (E) 1218
(5) of section 2923.16 of the Revised Code, it shall end on the 1219
H. B. No. 46 As Introduced
date that is two years after the date that the licensee is convicted of or pleads guilty to that violation. If the licensee's license was issued under section 2923.125 of the Revised Code and the license remains valid after the suspension ends as described in this division, when the suspension ends, the sheriff shall return the license to the licensee. If the licensee's license was issued under section 2923.125 of the Revised Code and the license expires before the suspension ends as described in this division, or if the licensee's license was issued under section 2923.1213 of the Revised Code, the licensee is not eligible to apply for a new license under section 2923.125 or 2923.1213 of the Revised Code or to renew the license under section 2923.125 of the Revised Code until after the suspension ends as described in this division.
(3) Upon becoming aware of an arrest, charge, or protection order described in division (A)(1)(a) of this section with respect to a licensee who was issued a concealed handgun license, or a conviction of or plea of guilty to a misdemeanor offense described in division (A)(2)(a) of this section with respect to a licensee who was issued a concealed handgun license, subject to division (C) of this section, the sheriff who issued the licensee's license shall notify the licensee, by certified mail, return receipt requested, at the licensee's last known residence address that the license has been suspended and that the licensee is required to surrender the license at the sheriff's office within ten days of the date on which the notice was mailed. If the suspension is pursuant to division (A)(2) of this section, the notice shall identify the date on which the suspension ends.
(B)(1) A sheriff who issues a concealed handgun license to a licensee shall revoke the license in accordance with division
H. B. No. 46 As Introduced
(B)(2) of this section upon becoming aware that the licensee 1251
satisfies any of the following: 1252
(a) The licensee is under twenty-one years of age. 1253
(b) Subject to division (C) of this section, at the time 1254
of the issuance of the license, the licensee did not satisfy the 1255
eligibility requirements of division (D)(1)(c), (d), (e), (f), 1256
(g), or (h) of section 2923.125 of the Revised Code. 1257
(c) Subject to division (C) of this section, on or after 1258
the date on which the license was issued, the licensee is 1259
convicted of or pleads guilty to a violation of section 2923.15 1260
of the Revised Code or an offense described in division (D)(1) 1261
(e), (f), (g), or (h) of section 2923.125 of the Revised Code. 1262
(d) On or after the date on which the license was issued, 1263
the licensee becomes subject to an extreme risk protection order 1264
or ex parte extreme risk protection order issued under sections 1265
2923.26 to 2923.30 of the Revised Code, a civil protection order 1266
or to a protection order issued by a court of another state that 1267
is substantially equivalent to a civil protection order. 1268
(e) The licensee knowingly carries a concealed handgun 1269
into a place that the licensee knows is an unauthorized place 1270
specified in division (B) of section 2923.126 of the Revised 1271
Code. 1272
(f) On or after the date on which the license was issued, 1273
the licensee is under adjudication of mental incompetence or is 1274
committed to a mental institution. 1275
(g) At the time of the issuance of the license, the 1276
licensee did not meet the residency requirements described in 1277
division (D)(1) of section 2923.125 of the Revised Code and 1278
currently does not meet the residency requirements described in 1279
H. B. No. 46 As Introduced
that division.
(h) Regarding a license issued under section 2923.125 of 12
the Revised Code, the competency certificate the licensee 12
submitted was forged or otherwise was fraudulent. 12
(2) Upon becoming aware of any circumstance listed in division (B)(1) of this section that applies to a particular licensee who was issued a concealed handgun license, subject to division (C) of this section, the sheriff who issued the license to the licensee shall notify the licensee, by certified mail, return receipt requested, at the licensee's last known residence address that the license is subject to revocation and that the licensee may come to the sheriff's office and contest the sheriff's proposed revocation within fourteen days of the date on which the notice was mailed. After the fourteen-day period and after consideration of any information that the licensee provides during that period, if the sheriff determines on the basis of the information of which the sheriff is aware that the licensee is described in division (B)(1) of this section and no longer satisfies the requirements described in division (D)(1) of section 2923.125 of the Revised Code that are applicable to the licensee's type of license, the sheriff shall revoke the license, notify the licensee of that fact, and require the licensee to surrender the license. Upon revoking the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code.
(C) If a sheriff who issues a concealed handgun license to a licensee becomes aware that at the time of the issuance of the license the licensee had been convicted of or pleaded guilty to an offense identified in division (D)(1)(e), (f), or (h) of section 2923.125 of the Revised Code or had been adjudicated a
H. B. No. 46 As Introduced
| delinquent child for committing an act or violation identified | 1310 | |||||
| in any of those divisions or becomes aware that on or after the | 1311 | |||||
| date on which the license was issued the licensee has been | 1312 | |||||
| convicted of or pleaded guilty to an offense identified in | 1313 | |||||
| division (A)(2)(a）or(B)(l）(c）of this section,the sheriff | 1314 | |||||
| shall not consider that conviction, guilty plea, or adjudication | 1315 | |||||
| as having occurred for purposes of divisions (A)(2)，(A)(3)，(B) | 1316 | |||||
| (l)， and (B)(2） of this section if a court has ordered the | 1317 | |||||
| sealing or expungement of the records of that conviction, guilty | 1318 | |||||
| plea, or adjudication pursuant to sections 2151.355 to 2151.358, | 1319 | |||||
| sections 2953.31 to 2953.35, or section 2953.39 of the Revised | 1320 | |||||
| Code or the licensee has been relieved under operation of law or | 1321 | |||||
| legal process from the disability imposed pursuant to section | 1322 | |||||
| plea, or adjudication. | 2923.13 of the Revised Code relative to that conviction, guilty | 1323 | ||||
| 1324 | ||||||
| 1325 | ||||||
| Code. | unit" has the same meaning as in section 2923.l6 of the Revised | 1326 | ||||
| 1327 | ||||||
| Sec. 2923.1213. (A) As used in this section: | 1328 | |||||
| following: | (l） "Evidence of imminent danger" means any of the | 1329 | ||||
| 1330 | ||||||
| (a) A statement sworn by the person seeking to carry a | 1331 | |||||
| concealed handgun that is made under threat of perjury and that | 1332 | |||||
| 1333 | ||||||
| attack upon the person or a member of the person's family, such | 1334 | |||||
| as would justify a prudent person in going armed; | 1335 | |||||
| o a oo a ( | 1336 | |||||
| 1337 | ||||||
| 1338 | ||||||
H. B. No. 46 As Introduced
criminal attack upon the person or a member of the person's
family, such as would justify a prudent person in going armed. 1340
Written documents of this nature include, but are not limited 1341
to, any temporary protection order, civil protection order, 1342
protection order issued by another state, or other court order, 1343
any court report, and any report filed with or made by a law 1344
enforcement agency or prosecutor. 1345
(2) "Prosecutor" has the same meaning as in section 1346
2935.01 of the Revised Code. 1347
(B)(1) A person seeking a concealed handgun license on a 1348
temporary emergency basis shall submit to the sheriff of the 1349
county in which the person resides or, if the person usually 1350
resides in another state, to the sheriff of the county in which 1351
the person is temporarily staying, all of the following: 1352
(a) Evidence of imminent danger to the person or a member 1353
of the person's family; 1354
(b) A sworn affidavit that contains all of the information 1355
required to be on the license and attesting that the person is 1356
legally living in the United States; is at least twenty-one 1357
years of age; is not a fugitive from justice; is not under 1358
indictment for or otherwise charged with an offense identified 1359
in division (D)(1)(d) of section 2923.125 of the Revised Code; 1360
has not been convicted of or pleaded guilty to an offense, and 1361
has not been adjudicated a delinquent child for committing an 1362
act, identified in division (D)(1)(e) of that section and to 1363
which division (B)(3) of this section does not apply; within 1364
three years of the date of the submission, has not been 1365
convicted of or pleaded guilty to an offense, and has not been 1366
adjudicated a delinquent child for committing an act, identified 1367
in division (D)(1)(f) of that section and to which division (B) 1368
H. B. No. 46 As Introduced
(3) of this section does not apply; within five years of the 1369
date of the submission, has not been convicted of, pleaded 1370
guilty, or adjudicated a delinquent child for committing two or 1371
more violations identified in division (D)(1)(g) of that 1372
section; within ten years of the date of the submission, has not 1373
been convicted of, pleaded guilty, or adjudicated a delinquent 1374
child for committing a violation identified in division (D)(1) 1375
(h) of that section and to which division (B)(3) of this section 1376
does not apply; has not been committed to any mental 1377
institution, is not under adjudication of mental incompetence, 1378
has not been found by a court to be a person with a mental 1379
illness subject to court order, and is not an involuntary 1380
patient other than one who is a patient only for purposes of 1381
observation, as described in division (D)(1)(i) of that section; 1382
is not currently subject to a civil protection order, a 1383
temporary protection order, an extreme risk protection order or 1384
ex parte extreme risk protection order issued under sections 1385
2923.26 to 2923.30 of the Revised Code, or a protection order 1386
issued by a court of another state, as described in division (D) 1387
(1)(j) of that section; is not currently subject to a suspension 1388
imposed under division (A)(2) of section 2923.128 of the Revised 1389
Code of a concealed handgun license that previously was issued 1390
to the person or a similar suspension imposed by another state 1391
regarding a concealed handgun license issued by that state; is 1392
not an unlawful user of or addicted to any controlled substance 1393
as defined in 21 U.S.C. 802; if applicable, is an alien and has 1394
not been admitted to the United States under a nonimmigrant 1395
visa, as defined in the "Immigration and Nationality Act," 8 1396
U.S.C. 1101(a)(26); has not been discharged from the armed 1397
forces of the United States under dishonorable conditions; if 1398
applicable, has not renounced the applicant's United States 1399
citizenship; and has not been convicted of, pleaded guilty to, 1400
| H.B.No.46 AsIntroduced | Page 48 |
| or been adjudicated a delinquent child for committing a | 1401 |
| violation identified in division (D)(l)(s） of section 2923.125 | 1402 |
| of the Revised Code; | 1403 |
| (c) A nonrefundable temporary emergency license fee as described in either of the following: | 1404 1405 |
| (i） For an applicant who has been a resident of this state | 1406 |
| for five or more years, a fee of fifteen dollars plus the actual | 1407 |
| cost of having a background check performed by the bureau of | 1408 |
| criminal identification and investigation pursuant to section 31l.4l of the Revised Code; | 1409 1410 |
| (ii) For an applicant who has been a resident of this | 1411 |
| state, but is temporarily staying in this state, a fee of | 1412 1413 |
| fifteen dollars plus the actual cost of having background checks | 1414 |
| a as a g a | 1415 |
| of criminal identification and investigation pursuant to section | 1416 |
| 311.4l of the Revised Code. | 1417 |
| (d） A set of fingerprints of the applicant provided as | 1418 |
| described in section 31l.4l of the Revised Code through use of | 1419 |
| an electronic fingerprint reading device or, if the sheriff to | 1420 |
| 1421 | |
| have ready access to the use of an electronic fingerprint | 1422 |
| reading device, on a standard impression sheet prescribed | 1423 |
| pursuant to division (C)(2） of section 109.572 of the Revised | 1424 |
| Code. If the fingerprints are provided on a standard impression | 1425 |
| sheet, the person also shall provide the person's social | |
| security number to the sheriff. | 1426 1427 |
| (2） A sheriff shall accept the evidence of imminent | 1428 |
H. B. No. 46 As Introduced
fingerprints required under division (B)(1) of this section at 1430
the times and in the manners described in division (I) of this 1431
section. Upon receipt of the evidence of imminent danger, the 1432
sworn affidavit, the fee, and the set of fingerprints required 1433
under division (B)(1) of this section, the sheriff, in the 1434
manner specified in section 311.41 of the Revised Code, 1435
immediately shall conduct or cause to be conducted the criminal 1436
records check and the incompetency records check described in 1437
section 311.41 of the Revised Code. Immediately upon receipt of 1438
the results of the records checks, the sheriff shall review the 1439
information and shall determine whether the criteria set forth 1440
in divisions (D)(1)(a) to (j) and (m) to (s) of section 2923.125 1441
of the Revised Code apply regarding the person. If the sheriff 1442
determines that all of the criteria set forth in divisions (D) 1443
(1)(a) to (j) and (m) to (s) of section 2923.125 of the Revised 1444
Code apply regarding the person, the sheriff shall immediately 1445
make available through the law enforcement automated data system 1446
all information that will be contained on the temporary 1447
emergency license for the person if one is issued, and the 1448
superintendent of the state highway patrol shall ensure that the 1449
system is so configured as to permit the transmission through 1450
the system of that information. Upon making that information 1451
available through the law enforcement automated data system, the 1452
sheriff shall immediately issue to the person a concealed 1453
handgun license on a temporary emergency basis. 1454
If the sheriff denies the issuance of a license on a 1455
temporary emergency basis to the person, the sheriff shall 1456
specify the grounds for the denial in a written notice to the 1457
person. The person may appeal the denial, or challenge criminal 1458
records check results that were the basis of the denial if 1459
applicable, in the same manners specified in division (D)(2) of 1460
H. B. No. 46 As Introduced
section 2923.125 and in section 2923.127 of the Revised Code, 1461
regarding the denial of an application for a concealed handgun 1462
license under that section. 1463
The license on a temporary emergency basis issued under this division shall be in the form, and shall include all of the information, described in divisions (A)(2)(a) and (d) of section 109.731 of the Revised Code, and also shall include a unique combination of identifying letters and numbers in accordance with division (A)(2)(c) of that section.
The license on a temporary emergency basis issued under this division is valid for ninety days and may not be renewed. A person who has been issued a license on a temporary emergency basis under this division shall not be issued another license on a temporary emergency basis unless at least four years has expired since the issuance of the prior license on a temporary emergency basis.
(3) If a person seeking a concealed handgun license on a 1477
temporary emergency basis has been convicted of or pleaded 1478
guilty to an offense identified in division (D)(1)(e), (f), or 1479
(h) of section 2923.125 of the Revised Code or has been 1480
adjudicated a delinquent child for committing an act or 1481
violation identified in any of those divisions, and if a court 1482
has ordered the sealing or expungement of the records of that 1483
conviction, guilty plea, or adjudication pursuant to sections 1484
2151.355 to 2151.358, sections 2953.31 to 2953.35, or section 1485
2953.39 of the Revised Code or the applicant has been relieved 1486
under operation of law or legal process from the disability 1487
imposed pursuant to section 2923.13 of the Revised Code relative 1488
to that conviction, guilty plea, or adjudication, the 1489
conviction, guilty plea, or adjudication shall not be relevant 1490
H. B. No. 46 As Introduced
| (b） of this section, and the person may complete, and swear to | |||
| the truth of, the affidavit as if the conviction, guilty plea, | 1492 1493 | ||
| or adjudication never had occurred. | 1494 | ||
| (4） The sheriff shall waive the payment pursuant to | 1495 | ||
| division (B)(l)(c) of this section of the license fee in | 1496 | ||
| 1497 | |||
| 1498 | |||
| division (B)(l）(b） of section 109.77 of the Revised Code，or a | 1499 | ||
| retired federal law enforcement officer who, prior to | 1500 | ||
| retirement, was authorized under federal law to carry a firearm | 1501 | ||
| in the course of duty， unless the retired peace officer， person, | 1502 | ||
| or federal law enforcement officer retired as the result of a | 1503 | ||
| mental disability. | 1504 | ||
| The sheriff shall deposit all fees paid by an applicant | 1505 | ||
| under division (B)(l)(c） of this Section into the sheriff's | 1506 | ||
| concealed handgun license issuance fund established pursuant to | 1507 | ||
| section 31l.42 of the Revised Code. | 1508 | ||
| 1509 | |||
| temporary emergency basis has the same right to carry a | 1510 | ||
| concealed handgun as a person who was issued a concealed handgun | 1511 | ||
| license under section 2923.125 of the Revised Code, and any | 1512 | ||
| exceptions to the prohibitions contained in section 1547.69 and | 1513 | ||
| 1514 | |||
| under section 2923.125 of the Revised Code apply to a licensee | 1515 | ||
| under this section. The person is subject to the same | 1516 | ||
| restrictions, and to all other procedures, duties, and | 1517 | ||
| sanctions, that apply to a person who carries a license issued | 1518 | ||
| 1519 | |||
| license renewal procedures set forth in that section. | 1520 | ||
H. B. No. 46 As Introduced
(D) A sheriff who issues a concealed handgun license on a temporary emergency basis under this section shall not require a person seeking to carry a concealed handgun in accordance with this section to submit a competency certificate as a prerequisite for issuing the license and shall comply with division (H) of section 2923.125 of the Revised Code in regards to the license. The sheriff shall suspend or revoke the license in accordance with section 2923.128 of the Revised Code. In addition to the suspension or revocation procedures set forth in section 2923.128 of the Revised Code, the sheriff may revoke the license upon receiving information, verifiable by public documents, that the person is not eligible to possess a firearm under either the laws of this state or of the United States or that the person committed perjury in obtaining the license; if the sheriff revokes a license under this additional authority, the sheriff shall notify the person, by certified mail, return receipt requested, at the person's last known residence address that the license has been revoked and that the person is required to surrender the license at the sheriff's office within ten days of the date on which the notice was mailed. Division (H) of section 2923.125 of the Revised Code applies regarding any suspension or revocation of a concealed handgun license on a temporary emergency basis.
(E) A sheriff who issues a concealed handgun license on a 1544
temporary emergency basis under this section shall retain, for 1545
the entire period during which the license is in effect, the 1546
evidence of imminent danger that the person submitted to the 1547
sheriff and that was the basis for the license, or a copy of 1548
that evidence, as appropriate. 1549
(F) If a concealed handgun license on a temporary 1550
emergency basis issued under this section is lost or is 1551
H. B. No. 46 As Introduced
destroyed, the licensee may obtain from the sheriff who issued 1552
that license a duplicate license upon the payment of a fee of 1553
fifteen dollars and the submission of an affidavit attesting to 1554
the loss or destruction of the license. The sheriff, in 1555
accordance with the procedures prescribed in section 109.731 of 1556
the Revised Code, shall place on the replacement license a 1557
combination of identifying numbers different from the 1558
combination on the license that is being replaced. 1559
(G) The attorney general shall prescribe, and shall make available to sheriffs, a standard form to be used under division (B) of this section by a person who applies for a concealed handgun license on a temporary emergency basis on the basis of imminent danger of a type described in division (A)(1)(a) of this section. The attorney general shall design the form to enable applicants to provide the information that is required by law to be collected, and shall update the form as necessary. Burdens or restrictions to obtaining a concealed handgun license that are not expressly prescribed in law shall not be incorporated into the form. The attorney general shall post a printable version of the form on the web site of the attorney general and shall provide the address of the web site to any person who requests the form.
(H) A sheriff who receives any fees paid by a person under 1574
this section shall deposit all fees so paid into the sheriff's 1575
concealed handgun license issuance expense fund established 1576
under section 311.42 of the Revised Code. 1577
(I) A sheriff shall accept evidence of imminent danger, a 1578
sworn affidavit, the fee, and the set of fingerprints specified 1579
in division (B)(1) of this section at any time during normal 1580
business hours. In no case shall a sheriff require an 1581
H. B. No. 46 As Introduced
| appointment, or designate a specific period of time, for the | 1582 | |
| submission or acceptance of evidence of imminent danger, a sworn | 1583 | |
| affidavit, the fee, and the set of fingerprints specified in | 1584 | |
| division (B)(l） of this section, or for the provision to any | 1585 | |
| 1586 | ||
| 1587 | ||
| Sec. 2923.13. (A) Unless relieved from disability under | 1588 | |
| 1589 | ||
| acquire, have, carry, or use any firearm or dangerous ordnance, | 1590 | |
| if any of the following apply: | 1591 | |
| (l） The person is a fugitive from justice. | 1592 | |
| () | 1593 | |
| convicted of any felony offense of violence or has been | 1594 | |
| adjudicated a delinquent child for the commission of an offense | 1595 | |
| that， if committed by an adult, would have been a felony offense | 1596 | |
| of violence. | 1597 | |
| (3） The person is under indictment for or has been | 1598 | |
| convicted of any felony offense involving the illegal | 1599 | |
| possession, use, sale, administration, distribution, or | 1600 | |
| 1601 | ||
| delinquent child for the commission of an offense that， if | 1602 | |
| committed by an adult, would have been a felony offense | 1603 | |
| involving the illegal possession, use, sale, administration, | 1604 | |
| distribution, or trafficking in any drug of abuse. | 1605 | |
| anap go rabuep ut st 'ouapuadap bnap e seu uosiad auu (t) | 1606 | |
| dependence, or has chronic alcoholism. | 1607 | |
| (5） The person is under adjudication of mental | ||
| incompetence, has been committed to a mental institution, has | 1608 | |
| 1609 | ||
| been found by a court to be a person with a mental illness | 1610 |
H. B. No. 46 As Introduced
subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "person with a mental illness subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.
(6) The person has been found guilty of having a firearm while under extreme risk protection order disability, and is prohibited from acquiring, having, carrying, or using a firearm under section 2923.99 of the Revised Code.
(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.
(C) For the purposes of this section, "under:
(1) "Under operation of law or legal process" shall not itself include mere completion, termination, or expiration of a sentence imposed as a result of a criminal conviction.
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(2) "Mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.
Sec. 2923.26. (A) As used in this section and sections 2923.27 to 2923.30 of the Revised Code:
(1) "Extreme risk protection order" means a final order granted under section 2923.26 of the Revised Code.
(2) "Ex parte extreme risk protection order" means an ex parte order granted under section 2923.27 of the Revised Code.
(3) "Family or household member" means, with respect to a respondent, any of the following:
(a) A person related by blood, marriage, or adoption to
H. B. No. 46 As Introduced
the respondent;
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(b) A person in a dating relationship with the respondent; 1639
(c) A person who has a child in common with the 1640
respondent, regardless of whether the person has been married to 1641
the respondent or has lived together with the respondent at any 1642
time; 1643
(d) A person who resides with the respondent or who has 1644
resided with the respondent within the past year; 1645
(e) A person who has a biological or legal parent-child 1646
relationship with the respondent, including a stepparent, 1647
stepchild, grandparent, and grandchild of the respondent; 1648
(f) A person who is acting or has acted as the 1649
respondent's legal guardian. 1650
(4) "Petitioner" means the person who petitions for an 1651
extreme risk protection order under this section. 1652
(5) "Respondent" means the person who is identified as the 1653
subject of a petition for an extreme risk protection order under 1654
this section. 1655
(6) "Law enforcement officer" means a sheriff, deputy 1656
sheriff, constable, police officer of a township or joint police 1657
district, municipal police officer, or state highway patrol 1658
trooper. 1659
(7) "Law enforcement agency" means a municipal or township 1660
police department, a county sheriff's office, or the state 1661
highway patrol. 1662
(B)(1) Any of the following persons may seek relief under 1663
sections 2923.26 to 2923.30 of the Revised Code by filing a 1664
H. B. No. 46 As Introduced
petition for an extreme risk protection order in the court of common pleas in the county where the petitioner resides or in the county where the respondent resides:
(a) A family or household member of the respondent;
(b) A law enforcement officer or law enforcement agency.
(2) If a petitioner files a petition for an extreme risk protection order, in addition to the petition, the petitioner may file an application for an ex parte extreme risk protection order under section 2923.27 of the Revised Code. An application for an ex parte extreme risk protection order may be filed as specified in that section in the court of common pleas in which the petition is filed or in a county court or municipal court. If a petitioner who files a petition for an extreme risk protection order also files an application for an ex parte extreme risk protection order, except as expressly specified to the contrary, the provisions of this section apply with respect to the petition that is related to the application.
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(C) A petition for an extreme risk protection order shall include all of the following:
(1) An allegation that the respondent poses a significant danger of causing personal injury to self or others by having in the respondent's custody or control, purchasing, possessing, or receiving a firearm, accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of future dangerous acts by the respondent;
(2) An inventory list including the number, types, and locations of every firearm the petitioner believes to be in the respondent's ownership, possession, custody, or control;
H. B. No. 46 As Introduced
| (3） A list of any protection order issued under section 1694 |
| 2151.34, 2903.213, 2903.214, 2919.26, 0r 3113.31 of the Revised |
| 1695 Code to which the respondent is subject and of which the 1696 |
| petitioner is aware; 1697 |
| (4） A list of any pending lawsuit, complaint, petition, or 1698 |
| other legal action between the parties. 1699 |
| (D) The court shall verify the terms of any existing order 1700 governing the parties but shall not delay granting relief under 1701 |
| 1702 |
| this section or section 2923.27 of the Revised Code because an 1703 |
| action is pending between the parties. A petition for an extreme |
| risk protection order may be granted whether or not an action 1704 between the parties is pending. |
| 1705 |
| (E) If the petitioner for an extreme risk protection order 1706 |
| is a law enforcement officer or agency, the petitioner shall 1707 |
| make a good faith effort to provide notice to a family or 1708 household member or third party who may be at risk of violence. 1709 |
| The notice shall state that the petitioner intends to petition 1710 |
| the court for an extreme risk protection order or that the 1711 |
| petitioner has already done so, and include referrals to 1712 |
| appropriate resources, including mental health, domestic 1713 |
| violence, and counseling resources. The petitioner shall attest 1714 |
| in the petition to having provided this notice, or attest to the 1715 |
| steps that will be taken to provide the notice. 1716 |
| (F) If the petition for an extreme risk protection order 1717 |
| 1718 |
| harm to the petitioner or any member of the petitioner's family 1719 |
| or household, the petitioner's address may be omitted from all 1720 |
| documents filed with the court. If the petitioner has not 1721 |
| disclosed an address under this division, the petitioner shall 1722 |
| designate an alternate address at which the respondent may serve 1723 |
H. B. No. 46 As Introduced
notice of any motions. If the petitioner is a law enforcement officer or agency, the address of record shall be the address of the law enforcement agency.
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(G) The court shall not charge a fee to a petitioner for 1727
filing a petition under this section or for filing an 1728
application for an ex parte extreme risk protection order under 1729
section 2923.27 of the Revised Code, and shall not charge the 1730
petitioner for service of process of the petition. The court 1731
shall provide the necessary certified copies and forms and shall 1732
provide materials explaining the process of filing a petition 1733
for an extreme risk protection order to persons free of charge. 1734
(H) No petitioner for an extreme risk protection order 1735
shall be required to post a bond to obtain relief under this 1736
section or sections 2923.27 to 2923.30 of the Revised Code. 1737
(I)(1) Upon receiving a petition for an extreme risk 1738
protection order, the court shall do all of the following, 1739
subject to division (I)(2) of this section: 1740
(a) Order a hearing to be held not later than fourteen 1741
days after the date the petition is filed; 1742
(b) Issue a notice of the date, time, and location of the 1743
hearing to the respondent named in the petition; 1744
(c) Cause a copy of the notice of hearing and petition to 1745
be forwarded on or before the next judicial day to a local law 1746
enforcement agency for service on the respondent. 1747
(2) If a petitioner who files a petition for an extreme 1748
risk protection order also files an application for an ex parte 1749
extreme risk protection order under section 2923.27 of the 1750
Revised Code with respect to the same respondent, the court 1751
shall order the hearing specified in division (I)(1)(a) of this 1752
H. B. No. 46 As Introduced
section, but except as provided in division (E)(4) of section 1753
2923.27 of the Revised Code, the court shall not issue the 1754
notice under division (I)(1)(b) of this section, cause the copy 1755
of the notice and petition to be served under division (I)(1)(c) 1756
of this section, or conduct the hearing. 1757
(J) The court may do either of the following with respect 1758
to a petition for an extreme risk protection order: 1759
(1) Subject to division (K) of this section, schedule a 1760
hearing by telephone pursuant to local court rule, to reasonably 1761
accommodate a disability, or, in exceptional circumstances, to 1762
protect a petitioner from potential harm; 1763
(2) Issue an ex parte extreme risk protection order under 1764
section 2923.27 of the Revised Code, if an application for such 1765
an order is made under that section. 1766
(K) The court shall require assurances of the petitioner's 1767
identity before conducting a telephonic hearing under division 1768
(J)(1) of this section. 1769
(L) Except as otherwise provided in this division, the 1770
local law enforcement agency shall personally serve the petition 1771
and notice of the hearing on the respondent not less than five 1772
judicial days prior to the hearing. If the petitioner who filed 1773
the petition for an extreme risk protection order also filed an 1774
application for an ex parte extreme risk protection order under 1775
section 2923.27 of the Revised Code with respect to the same 1776
respondent, the agency shall serve the notice and petition as 1777
specified in division (E)(3) or (4) of section 2923.27 of the 1778
Revised Code. Service issued under this section shall take 1779
precedence over other service of other documents, unless those 1780
documents are also of an emergency nature. If the local law 1781
H. B. No. 46
| enforcement agency cannot serve process under this section | |
| within the time period specified, the court shall set a new | 1782 |
| 1783 | |
| hearing date and either require the local law enforcement agency | 1784 |
| to attempt personal service again or shall permit service by | 1785 |
| publication or mail as provided in division (H) of section | 1786 |
| 1787 | |
| than two attempts at obtaining personal service and shall permit | 1788 |
| service by publication or mail after two attempts unless the | 1789 |
| petitioner requests additional time to attempt personal service. | 1790 |
| If the court issues an order that permits service by publication | 1791 |
| or mail, the court shall set the hearing date not later than | 1792 |
| twenty-four days after the date the order is issued. | 1793 |
| (M) (l) Upon hearing a petition for an extreme risk | 1794 |
| protection order, subject to division (M) (2) of this section, if | 1795 |
| the court finds by a preponderance of the evidence that the | 1796 |
| respondent poses a significant danger of causing personal injury | 1797 |
| to self or others by having custody or control of a firearm or | 1798 |
| the ability to purchase, possess, or receive a firearm, the | 1799 |
| 1800 | |
| of one hundred eighty days. | 1801 |
| (2） Division (M)(l） of this section does not apply to a | 1802 |
| determination of whether an ex parte extreme risk protection order should be issued under section 2923.27 of the Revised | 1803 |
| Code. Divisions (B) and (C) of that section govern the | 1804 1805 |
| determination of whether such an order should be issued. If a | 1806 |
| court issues an ex parte extreme risk protection order under | 1807 |
| that section，division (M)(l）of this section applies in | 1808 |
| determining whether to issue a final extreme risk protection | 1809 |
| order after a hearing held on the related petition for an order. | |
| If a court denies an application for an ex parte extreme risk | 1810 |
| 1811 | |
| protection order under that section, division (M) (l) of this | 1812 |
H. B. No. 46 As Introduced
section applies in determining whether to issue an extreme risk 1813
protection order after a hearing held on the related petition 1814
for an order. 1815
(N) In determining whether grounds for an extreme risk 1816
protection order exist under division (M)(1) of this section or 1817
whether grounds for an ex parte extreme risk protection order 1818
exist under divisions (B) and (C) of section 2923.27 of the 1819
Revised Code, the court may do any of the following: 1820
(1) Consider any relevant evidence including any of the 1821
following: 1822
(a) A recent act or threat of violence by the respondent 1823
against the respondent or against another, whether or not the 1824
violence or threat involves a firearm; 1825
(b) A pattern of acts or threats of violence by the 1826
respondent within the past twelve months, including acts or 1827
threats of violence by the respondent against the respondent or 1828
against others; 1829
(c) Any dangerous mental health issues of the respondent; 1830
(d) A violation by the respondent of any of the following: 1831
(i) A protection order issued or consent agreement 1832
approved pursuant to section 2919.26 or 3113.31 of the Revised 1833
Code; 1834
(ii) A protection order issued pursuant to section 1835
2151.34, 2903.213, or 2903.214 of the Revised Code; 1836
(iii) A protection order issued by a court of another 1837
state. 1838
(e) A previous or existing extreme risk protection order 1839
H. B. No. 46 As Introduced
issued against the respondent; (f) A violation of a previous or existing extreme risk
protection order issued against the respondent; (g) A conviction of the respondent for a violation of
section 2919.25 of the Revised Code; (h) The respondent's ownership, access to, or intent to
possess firearms; (i) The unlawful or reckless use, display, or brandishing
of a firearm by the respondent; (j) The history of use, attempted use, or threatened use
of physical force by the respondent against another person, or
the respondent's history of stalking another person; (k) Any prior arrest of the respondent for a felony
offense or violent crime; (l) Corroborated evidence of the abuse of controlled
substances or alcohol by the respondent; (m) Evidence of recent acquisition of firearms by the
respondent. (2) Examine under oath the petitioner, the respondent, and
any witness called by the petitioner or respondent; (3) Ensure that a reasonable search has been conducted for
criminal history records related to the respondent. (O) During a hearing for an extreme risk protection order,
the court shall consider whether a mental health evaluation or
chemical dependency evaluation is appropriate and may order such
an evaluation if appropriate. (P) An extreme risk protection order issued under this
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H. B. No. 46 As Introduced
section shall include all of the following: (1) A statement of the grounds supporting the order; (2) The date and time that the order was issued; (3) The date and time the order expires; (4) Whether a mental health evaluation or chemical
dependency evaluation of the respondent is required; (5) The address of the court in which any responsive
pleading should be filed; (6) A description of the requirements for relinquishment
of firearms under section 2923.30 of the Revised Code; (7) The following statement: "To the subject of the protection order: This order will last until the date and time noted above.
If you have not done so already, you must surrender to the
(insert name of local law enforcement agency) all firearms in
your custody, control, or possession and any license to carry a
concealed handgun issued to you under section 2923.125 or
2923.1213 of the Revised Code. You may not have in your custody
or control, purchase, possess, receive, or attempt to purchase
or receive, a firearm while this order is in effect. You have
the right to request one hearing to terminate this order every
one-hundred-eighty-day period that this order is in effect,
starting from the date of this order and continuing through any
renewals. You may seek the advice of an attorney as to any
matter connected with this order." (Q) When the court issues an extreme risk protection order
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under this section, the court shall inform the respondent that
H. B. No. 46 As Introduced
the respondent is entitled to request termination of the order in the manner prescribed in section 2923.29 of the Revised Code.
(R) If the court declines to issue an extreme risk protection order under this section, the court shall state the particular reasons for denial in the court's order.
(S) Sections 2923.26 to 2923.30 of the Revised Code do not affect the ability of a law enforcement officer to remove a firearm or concealed handgun license from any person or conduct any search and seizure for firearms pursuant to any other lawful authority.
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Sec. 2923.27. (A) A petitioner who files a petition for an extreme risk protection order under section 2923.26 of the Revised Code may request that an ex parte extreme risk protection order be issued before a hearing for an extreme risk protection order under that section, without notice to the respondent, by filing an application for an ex parte extreme risk protection order in a court of common pleas, county court, or municipal court. An application for an ex parte order shall include detailed allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to self or others in the near future by having custody or control of a firearm or the ability to purchase, possess, or receive a firearm. The application shall be filed in addition to the petition for the extreme risk protection order.
(B) In considering whether to issue an ex parte extreme risk protection order under this section, the court that receives the application shall consider all relevant evidence, including the evidence described in division (N)(1) of section 2923.26 of the Revised Code.
H. B. No. 46 As Introduced
(C) If a court finds there is reasonable cause to believe that the respondent poses a significant danger of causing personal injury to self or others in the near future by having custody or control of a firearm or the ability to purchase, possess, or receive a firearm, the court shall issue an ex parte extreme risk protection order.
(D) The court shall hold an ex parte extreme risk protection order hearing in person or by telephone on the day the petition is filed or on the judicial day immediately following the day the petition is filed.
(E)(1) If a court of common pleas issues an ex parte extreme risk protection order, the court shall schedule a hearing to be held within three days of the issuance of the order to determine if an extreme risk protection order should be issued and shall hold the hearing on the date, and at the time and place, scheduled.
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(2) If a county court or municipal court issues an ex parte extreme risk protection order, the court shall transfer the case to the court of common pleas and that court shall schedule a hearing to be held within three days of the issuance of the order to determine if an extreme risk protection order should be issued, and shall hold the hearing on the date, and at the time and place, scheduled.
(3) If a court of common pleas, county court, or municipal court issues an ex parte extreme risk protection order, the hearing scheduled under division (I)(1)(a) of section 2923.26 of the Revised Code shall not be conducted. Instead, the appropriate court shall conduct the hearing scheduled under division (E)(1) or (2) of this section to determine if an extreme risk protection order should be issued. The court shall
H. B. No. 46 As Introduced
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issue a notice of the date, time, and location of the hearing to the respondent and shall cause a copy of the notice of the hearing and petition to be forwarded on or before the next judicial day to a local law enforcement agency for service on the respondent. The local law enforcement agency shall personally serve the notice of the hearing and petition on the day that it is received and shall serve the ex parte order concurrently with the notice.
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(4) If a petitioner files an application requesting that 1961
an ex parte extreme risk protection order be issued and the 1962
court denies the application, the court in which the petition 1963
was filed under section 2923.26 of the Revised Code shall 1964
conduct the hearing scheduled under division (I)(1)(a) of that 1965
section to determine if an extreme risk protection order should 1966
be issued. The court shall issue the notice under division (I) 1967
(1)(b) of that section and cause the copy of the notice and 1968
petition to be served under division (I)(1)(c) of that section. 1969
The local law enforcement agency that is served with the copy of 1970
the notice and petition shall personally serve the petition and 1971
notice of the hearing on the respondent not less than five 1972
judicial days prior to the hearing. 1973
(F) An ex parte extreme risk protection order issued under 1974
this section shall include all of the following: 1975
(1) A statement of the grounds asserted for the order; 1976
(2) The date and time the order was issued; 1977
(3) The date and time the order expires; 1978
(4) The address of the court in which any responsive 1979
pleading should be filed; 1980
(5) The date, time, and location of the hearing scheduled 1981
H. B. No. 46 As Introduced
under division (E)(1) or (2) of this section;
(6) A description of the requirements for surrender of firearms under section 2923.30 of the Revised Code;
(7) The following statement:
"To the subject of this protection order:
This order is valid until the date and time noted above. You are required to surrender all firearms in your custody, control, or possession. You may not have in your custody or control, purchase, possess, receive, or attempt to purchase or receive, a firearm while this order is in effect. You must immediately surrender to the (insert name of local law enforcement agency) all firearms in your custody, control, or possession and any license to carry a concealed handgun issued to you under section 2923.125 or 2923.1213 of the Revised Code immediately. A hearing will be held on the date and at the time and location noted above to determine if an extreme risk protection order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for one hundred eighty days. You may seek the advice of an attorney as to any matter connected with this order."
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(G) Any ex parte extreme risk protection order issued under this section expires upon the hearing on the petition for the extreme risk protection order.
(H) If the court of common pleas, county court, or municipal court declines to issue an ex parte extreme risk protection order, the court shall state the particular reasons for the denial.
Sec. 2923.28. (A) An extreme risk protection order issued under section 2923.26 of the Revised Code shall be personally
H. B. No. 46 As Introduced
served upon the respondent, except as otherwise provided in sections 2923.26 to 2923.30 of the Revised Code.
(B) The law enforcement agency with jurisdiction over the area in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party.
(C) If service by the local law enforcement agency is to be used, the clerk of court shall cause a copy of the order issued under section 2923.26 of the Revised Code to be forwarded on or before the next judicial day to the local law enforcement agency specified in the order for service upon the respondent.
(D) If the law enforcement agency is unable to complete service on the respondent within ten days, the law enforcement agency shall notify the petitioner. The petitioner shall provide any information necessary to allow the law enforcement agency to complete service on the respondent.
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(E) If an order entered by the court specifies that the respondent appeared in person before the court, further service is waived and proof of service is not necessary.
(F) If the court previously entered an order allowing service of the notice and petition or an ex parte extreme risk protection order by publication or mail under division (H) of this section, or if the court finds there are now grounds to allow for that method of service, the court may permit service by publication or mail of the extreme risk protection order as provided in that division.
(G) Return of service under sections 2923.26 to 2923.30 of the Revised Code shall be made in accordance with applicable rules of court.
H. B. No. 46 As Introduced
| (H) The court may order service by publication or service | 2040 |
| 2041 | |
| any summons shall contain the name of the respondent and | 2042 |
| petitioner, the date and time of the hearing, and any ex parte | 2043 |
| 2044 | |
| respondent, and the following notice: "If you fail to respond, an extreme risk protection order | 2045 2046 |
| may be issued against you pursuant to sections 2923.26 to | 2047 |
| 2923.30 of the Revised Code for one hundred eighty days from the | 2048 |
| date you are required to appear." | 2049 |
| (I) If the court orders service by publication or mail for | 2050 |
| notice of an extreme risk protection order hearing, it shall | 2051 |
| also reissue the ex parte extreme risk protection order, if | 2052 |
| issued, to expire on the date of the extreme risk protection | 2053 |
| order hearing. | 2054 |
| (J) Following completion of service by publication or by | 2055 |
| mail for notice of an extreme risk protection order hearing, if | 2056 |
| the respondent fails to appear at the hearing, the court may | 2057 |
| issue an extreme risk protection order as provided in section | 2058 |
| 2923.26 of the Revised Code. | 2059 |
| (K） The clerk of the court shall enter any extreme risk | 2060 |
| protection order or ex parte extreme risk protection order | 2061 |
| issued under sections 2923.26 to 2923.30 of the Revised Code | 2062 |
| into a statewide judicial information system on the same day | 2063 |
| Such order is issued. | 2064 |
| (L) The clerk of the court shall forward a copy of an | 2065 |
| order issued under sections 2923.26 to 2923.30 of the Revised | 2066 |
| Code the same day the order is issued to the appropriate law | 2067 |
| enforcement agency specified in the order. Upon receipt of the | 2068 |
H. B. No. 46 As Introduced
copy of the order, the law enforcement agency shall enter the order into the national instant criminal background check system, any other federal or state computer-based systems used by law enforcement or others to identify prohibited purchasers of firearms, and any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order shall remain in each system for the period stated in the order, and the law enforcement agency shall only remove orders from the systems that have expired or terminated. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
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(M)(1) The issuing court shall, within three judicial days after issuance of an extreme risk protection order or ex parte extreme risk protection order, forward a copy of the respondent's driver's license or state identification card, or comparable information, along with the date of the order's issuance, to the sheriff that has issued a concealed handgun license to the respondent. Upon receipt of the information, the sheriff shall immediately revoke the respondent's license in accordance with division (B) of section 2923.128 of the Revised Code.
(2) The court, if necessary, may apply for access to the law enforcement automated data system to identify a sheriff that has issued a concealed handgun license to a respondent. For purposes of this inquiry, the court is a criminal justice agency.
(N) If an extreme risk protection order is terminated
H. B. No. 46 As Introduced
before its expiration date, the clerk of the court shall forward the same day a copy of the termination order to the appropriate law enforcement agency specified in the termination order. Upon receipt of the order, the law enforcement agency shall promptly remove the order from any computer-based system in which it was entered pursuant to division (L) of this section.
Sec. 2923.29. (A) The respondent may submit one written request for a hearing to terminate an extreme risk protection order issued under sections 2923.26 to 2923.30 of the Revised Code every one-hundred-eighty-day period that the order is in effect, starting from the date of the order and continuing through any renewals.
(1) Upon receipt of the request for a hearing to terminate an extreme risk protection order, the court shall set a date for a hearing. Notice of the request shall be served on the petitioner in accordance with the Rules of Civil Procedure. The hearing shall occur not sooner than fourteen days and not later than thirty days after the date the petitioner is served with the request.
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(2) The respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a significant danger of causing personal injury to self or others by having custody or control of a firearm or the ability to purchase, possess, or receive a firearm. The court may consider any relevant evidence, including evidence of the considerations listed in division (N)(1) of section 2923.26 of the Revised Code.
(3) If the court finds after the hearing that the respondent has met the respondent's burden, the court shall terminate the order.
H. B. No. 46 As Introduced
(B) The court shall notify the petitioner of the impending expiration of an extreme risk protection order. Notice shall be received by the petitioner sixty calendar days before the date the order expires.
(C) A family or household member of a respondent or a law enforcement officer or agency may by motion request a renewal of an extreme risk protection not sooner than sixty calendar days before the expiration of the order.
(D) Upon receipt of a motion to renew, the court shall order that a hearing be held not later than fourteen days from the date of the request for renewal. The court may schedule a hearing by telephone in the manner prescribed by division (J)(1) of section 2923.26 of the Revised Code. The respondent shall be personally served in the same manner prescribed by divisions (I) (3) and (L) of section 2923.26 of the Revised Code.
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(E) In determining whether to renew an extreme risk protection order under this section, the court shall consider all relevant evidence presented by the petitioner and follow the same procedure as provided in section 2923.26 of the Revised Code.
If the court finds by a preponderance of the evidence that the requirements for issuance of an extreme risk protection order as provided in section 2923.26 of the Revised Code continue to be met, the court shall renew the order. However, if, after notice, the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested renewal.
H. B. No. 46 As Introduced
(F) The renewal of an extreme risk protection order has a duration of one hundred eighty days, subject to termination as provided in division (A) of this section or further renewal by order of the court.
Sec. 2923.30. (A) Upon issuance of any extreme risk protection order or ex parte extreme risk protection order under sections 2923.26 to 2923.30 of the Revised Code, the court shall order the respondent to surrender to the local law enforcement agency all firearms in the respondent's custody, control, or possession and any license to carry a concealed handgun issued to the respondent under section 2923.125 or 2923.1213 of the Revised Code.
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(B) The law enforcement officer serving any extreme risk protection order or ex parte extreme risk protection order issued under sections 2923.26 to 2923.30 of the Revised Code shall request that the respondent immediately surrender all firearms in the respondent's custody, control, or possession and any license to carry a concealed handgun issued to the respondent under section 2923.125 or 2923.1213 of the Revised Code, and conduct any search permitted by law for such firearms.
(C) The law enforcement officer shall take possession of all firearms belonging to the respondent that are surrendered, in plain sight, or discovered pursuant to a lawful search. Alternatively, if personal service by a law enforcement officer is not possible, or not required because the respondent was present at the extreme risk protection order hearing, the respondent shall surrender the firearms in a safe manner to the control of the local law enforcement agency within forty-eight hours of being served with the order by alternate service or within forty-eight hours of the hearing at which the respondent
H. B. No. 46 As Introduced
was present.
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(D) At the time of surrender, a law enforcement officer taking possession of a firearm or concealed handgun license shall issue a receipt identifying all firearms that have been surrendered and provide a copy of the receipt to the respondent. Within seventy-two hours after service of the order, the officer serving the order shall file the original receipt with the court and shall ensure that the officer's law enforcement agency retains a copy of the receipt.
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(E) Upon the sworn statement or testimony of the 2198
petitioner or of any law enforcement officer alleging that the 2199
respondent has failed to comply with the surrender of firearms 2200
as required by an order issued under sections 2923.26 to 2923.30 2201
of the Revised Code, the court shall determine whether probable 2202
cause exists to believe that the respondent has failed to 2203
surrender all firearms in the respondent's possession, custody, 2204
or control. If probable cause exists, the court shall issue a 2205
warrant describing the firearms and authorizing a search of the 2206
locations where the firearms are reasonably believed to be and 2207
the seizure of any firearms discovered pursuant to such search. 2208
(F) If a person other than the respondent claims title to 2209
any firearm surrendered pursuant to this section, and the other 2210
person is determined by the law enforcement agency to be the 2211
lawful owner of the firearm, the firearm shall be returned to 2212
the other person, provided that both of the following apply: 2213
(1) The firearm is removed from the respondent's custody, 2214
control, or possession and the lawful owner agrees to store the 2215
firearm in a manner such that the respondent does not have 2216
access to or control of the firearm. 2217
H. B. No. 46 As Introduced
(2) The lawful owner is not prohibited from possessing the firearm under state or federal law.
(G) Upon the issuance of an extreme risk protection order, the court shall order a new hearing date and require the respondent to appear not later than three judicial days from the issuance of the order. The court shall require a showing that the respondent has surrendered any firearms in the respondent's custody, control, or possession. The court may dismiss the hearing upon a satisfactory showing that the respondent is in compliance with the order.
(H) All law enforcement agencies shall develop policies and procedures not later than six months after the effective date of this section regarding the acceptance, storage, and return of firearms required to be surrendered under sections 2923.26 to 2923.30 of the Revised Code.
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(I) If an extreme risk protection order is terminated or expires without renewal or an ex parte extreme risk protection order expires and an extreme risk protection order is not issued regarding the respondent, a law enforcement agency holding any firearm that has been surrendered pursuant to sections 2923.26 to 2923.30 of the Revised Code shall return any surrendered firearm requested by a respondent only after confirming, through a background check, that the respondent is currently eligible to own or possess firearms under federal and state law and after confirming with the court that the extreme risk protection order has terminated or has expired without renewal.
(J) A law enforcement agency shall, if requested by a family or household member of a respondent, provide prior notice of the return of a firearm to a respondent to that family or household member.
H. B. No. 46 As Introduced
| (K) Any firearm surrendered by a respondent pursuant to | 2248 | |
| this section that remains unclaimed by the lawful owner shall be | 2249 | |
| disposed of in accordance with the law enforcement agency's | 2250 | |
| policies and procedures for the disposal of firearms in police | 2251 | |
| custody. | 2252 | |
| Sec. 2923.99. (A) Except as provided in this section, sections 2923.26 to 2923.30 of the Revised Code do not impose | 2253 | |
| criminal or civil liability on any person or entity for acts or | 2254 | |
| omissions related to obtaining an extreme risk protection order | 2255 | |
| 2256 | ||
| or ex parte extreme risk protection order including for | 2257 | |
| reporting, declining to report, investigating, declining to | 2258 | |
| investigate, filing, or declining to file a petition under those | 2259 | |
| sections. | 2260 | |
| (B) (l) No person shall do either of the following: | 2261 | |
| (a) File a petition for an extreme risk protection order | 2262 | |
| under section 2923.26 of the Revised Code alleging that the | 2263 | |
| respondent poses a significant danger of causing personal injury | 2264 | |
| to self or others by having in the respondent's custody or | 2265 | |
| control， purchasing, possessing, or receiving a firearm if the | 2266 | |
| person knows the allegation is false; | 2267 | |
| (b) File an application for an ex parte extreme risk | 2268 | |
| protection order under section 2923.27 of the Revised Code | 2269 | |
| alleging that the respondent poses a significant danger of | 2270 | |
| causing personal injury to self or others in the near future by | ||
| having custody or control of a firearm or the ability to | 2271 | |
| 2272 | ||
| purchase, possess, or receive a firearm if the person knows the | 2273 | |
| allegation is false. | 2274 | |
| (2) An individual injured in person or property by a violation of division(B)(l）(a）or(b）of this section has，and | 2275 2276 |
H. B. No. 46 Page 78
As Introduced
may recover full damages in, a civil action under section 2277
2307.60 of the Revised Code. A civil action described in this 2278
division is in addition to, and does not preclude, any possible 2279
criminal prosecution of the person who violates division (B)(1) 2280
(a) or (b) of this section. 2281
(3) Whoever violates division (B)(1)(a) or (b) of this 2282
section is guilty of a felony of the fifth degree. 2283
(C)(1) No person shall acquire, have, carry, or use any 2284
firearm with knowledge that the person is prohibited from doing 2285
so by an order issued under this section or sections 2923.26 to 2286
2923.30 of the Revised Code. 2287
(2) A person who violates division (C)(1) of this section 2288
is guilty of having a firearm while under extreme risk 2289
protection order disability. Except as provided in division (C) 2290
(3) of this section, having a firearm while under extreme risk 2291
protection order disability is a misdemeanor of the third 2292
degree. 2293
(3) If a person found guilty of having a firearm while 2294
under extreme risk protection order disability has two or more 2295
previous convictions for such an offense, having a firearm while 2296
under extreme risk protection order disability is a felony of 2297
the fifth degree. 2298
(D) In addition to the penalties prescribed in division 2299
(C) of this section, no person found guilty of having a firearm 2300
while under extreme risk protection order disability shall 2301
knowingly acquire, have, carry, or use any firearm or dangerous 2302
ordnance for a period of five years after the date the 2303
underlying extreme risk protection order expires. 2304
Section 2. That existing sections 109.57, 2923.125, 2305
H. B. No. 46 As Introduced
2923.128, 2923.1213, and 2923.13 of the Revised Code are hereby 2306
repealed. 2307
Section 3. Sections 2923.26 to 2923.30 and 2923.99 of the 2308
Revised Code, as enacted by this act, shall be known as the 2309
"Extreme Risk Protection Order Act." 2310
Section 4. The General Assembly, applying the principle 2311
stated in division (B) of section 1.52 of the Revised Code that 2312
amendments are to be harmonized if reasonably capable of 2313
simultaneous operation, finds that the following sections, 2314
presented in this act as composites of the sections as amended 2315
by the acts indicated, are the resulting versions of the 2316
sections in effect prior to the effective date of the sections 2317
as presented in this act: 2318
Section 2923.125 of the Revised Code as amended by both 2319
H.B. 281 and S.B. 288 of the 134th General Assembly. 2320
Section 2923.128 of the Revised Code as amended by H.B. 2321
281, S.B. 215, and S.B. 288, all of the 134th General Assembly 2322
Section 2923.1213 of the Revised Code as amended by both 2323
H.B. 281 and S.B. 288 of the 134th General Assembly. 2324