Bill Text: OH HB571 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To permit a concealed carry licensee who is an employee of a private employer to store the employee's handgun in a locked motor vehicle parked on premises owned or leased by the employer.

Spectrum: Moderate Partisan Bill (Republican 24-7)

Status: (Introduced - Dead) 2010-08-23 - To Criminal Justice [HB571 Detail]

Download: Ohio-2009-HB571-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 571

Representative Uecker 

Cosponsors: Representatives Jordan, Maag, Snitchler, Zehringer, Martin, Beck, Sears, Wachtmann, Ruhl, Boose, Adams, J., Stebelton, Goodwin, Morgan, Derickson, Blair, Wagner, Bubp, Adams, R., Grossman, Okey, Dyer, O'Farrell, Combs, Garland, Mecklenborg, Pillich, Phillips, Patten, Hall 

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A BILL

To amend section 2923.126 of the Revised Code to

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permit a concealed carry licensee who is an

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employee of a private employer to store the

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employee's handgun in a locked motor vehicle

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parked on premises owned or leased by the

5

employer.

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

Section 1.  That section 2923.126 of the Revised Code be	7
amended to read as follows:	8

Sec. 2923.126.  (A) A license to carry a concealed handgun	9
that is issued under section 2923.125 of the Revised Code on or	10
after March 14, 2007, shall expire five years after the date of	11
issuance, and a license that is so issued prior to March 14, 2007,	12
shall expire four years after the date of issuance. A licensee who	13
has been issued a license under that section shall be granted a	14
grace period of thirty days after the licensee's license expires	15
during which the licensee's license remains valid. Except as	16
provided in divisions (B) and (C) of this section, a licensee who	17
has been issued a license under section 2923.125 or 2923.1213 of	18
the Revised Code may carry a concealed handgun anywhere in this	19
state if the licensee also carries a valid license and valid	20
identification when the licensee is in actual possession of a	21
concealed handgun. The licensee shall give notice of any change in	22
the licensee's residence address to the sheriff who issued the	23
license within forty-five days after that change.	24

If a licensee is the driver or an occupant of a motor vehicle	25
that is stopped as the result of a traffic stop or a stop for	26
another law enforcement purpose and if the licensee is	27
transporting or has a loaded handgun in the motor vehicle at that	28
time, the licensee shall promptly inform any law enforcement	29
officer who approaches the vehicle while stopped that the licensee	30
has been issued a license or temporary emergency license to carry	31
a concealed handgun and that the licensee currently possesses or	32
has a loaded handgun; the licensee shall not knowingly disregard	33
or fail to comply with lawful orders of a law enforcement officer	34
given while the motor vehicle is stopped, knowingly fail to remain	35
in the motor vehicle while stopped, or knowingly fail to keep the	36
licensee's hands in plain sight after any law enforcement officer	37
begins approaching the licensee while stopped and before the	38
officer leaves, unless directed otherwise by a law enforcement	39
officer; and the licensee shall not knowingly remove, attempt to	40
remove, grasp, or hold the loaded handgun or knowingly have	41
contact with the loaded handgun by touching it with the licensee's	42
hands or fingers, in any manner in violation of division (E) of	43
section 2923.16 of the Revised Code, after any law enforcement	44
officer begins approaching the licensee while stopped and before	45
the officer leaves. Additionally, if a licensee is the driver or	46
an occupant of a commercial motor vehicle that is stopped by an	47
employee of the motor carrier enforcement unit for the purposes	48
defined in section 5503.04 of the Revised Code and if the licensee	49
is transporting or has a loaded handgun in the commercial motor	50
vehicle at that time, the licensee shall promptly inform the	51
employee of the unit who approaches the vehicle while stopped that	52
the licensee has been issued a license or temporary emergency	53
license to carry a concealed handgun and that the licensee	54
currently possesses or has a loaded handgun.	55

If a licensee is stopped for a law enforcement purpose and if	56
the licensee is carrying a concealed handgun at the time the	57
officer approaches, the licensee shall promptly inform any law	58
enforcement officer who approaches the licensee while stopped that	59
the licensee has been issued a license or temporary emergency	60
license to carry a concealed handgun and that the licensee	61
currently is carrying a concealed handgun; the licensee shall not	62
knowingly disregard or fail to comply with lawful orders of a law	63
enforcement officer given while the licensee is stopped or	64
knowingly fail to keep the licensee's hands in plain sight after	65
any law enforcement officer begins approaching the licensee while	66
stopped and before the officer leaves, unless directed otherwise	67
by a law enforcement officer; and the licensee shall not knowingly	68
remove, attempt to remove, grasp, or hold the loaded handgun or	69
knowingly have contact with the loaded handgun by touching it with	70
the licensee's hands or fingers, in any manner in violation of	71
division (B) of section 2923.12 of the Revised Code, after any law	72
enforcement officer begins approaching the licensee while stopped	73
and before the officer leaves.	74

(B) A valid license issued under section 2923.125 or	75
2923.1213 of the Revised Code does not authorize the licensee to	76
carry a concealed handgun in any manner prohibited under division	77
(B) of section 2923.12 of the Revised Code or in any manner	78
prohibited under section 2923.16 of the Revised Code. A valid	79
license does not authorize the licensee to carry a concealed	80
handgun into any of the following places:	81

(1) A police station, sheriff's office, or state highway	82
patrol station, premises controlled by the bureau of criminal	83
identification and investigation, a state correctional	84
institution, jail, workhouse, or other detention facility, an	85
airport passenger terminal, or an institution that is maintained,	86
operated, managed, and governed pursuant to division (A) of	87
section 5119.02 of the Revised Code or division (A)(1) of section	88
5123.03 of the Revised Code;	89

(2) A school safety zone if the licensee's carrying the	90
concealed handgun is in violation of section 2923.122 of the	91
Revised Code;	92

(3) A courthouse or another building or structure in which a	93
courtroom is located, in violation of section 2923.123 of the	94
Revised Code;	95

(4) Any premises or open air arena for which a D permit has	96
been issued under Chapter 4303. of the Revised Code if the	97
licensee's carrying the concealed handgun is in violation of	98
section 2923.121 of the Revised Code;	99

(5) Any premises owned or leased by any public or private	100
college, university, or other institution of higher education,	101
unless the handgun is in a locked motor vehicle or the licensee is	102
in the immediate process of placing the handgun in a locked motor	103
vehicle;	104

(6) Any church, synagogue, mosque, or other place of worship,	105
unless the church, synagogue, mosque, or other place of worship	106
posts or permits otherwise;	107

(7) A child day-care center, a type A family day-care home, a	108
type B family day-care home, or a type C family day-care home,	109
except that this division does not prohibit a licensee who resides	110
in a type A family day-care home, a type B family day-care home,	111
or a type C family day-care home from carrying a concealed handgun	112
at any time in any part of the home that is not dedicated or used	113
for day-care purposes, or from carrying a concealed handgun in a	114
part of the home that is dedicated or used for day-care purposes	115
at any time during which no children, other than children of that	116
licensee, are in the home;	117

(8) An aircraft that is in, or intended for operation in,	118
foreign air transportation, interstate air transportation,	119
intrastate air transportation, or the transportation of mail by	120
aircraft;	121

(9) Any building that is a government facility of this state	122
or a political subdivision of this state and that is not a	123
building that is used primarily as a shelter, restroom, parking	124
facility for motor vehicles, or rest facility and is not a	125
courthouse or other building or structure in which a courtroom is	126
located that is subject to division (B)(3) of this section;	127

(10) A place in which federal law prohibits the carrying of	128
handguns.	129

(C)(1) Nothing(a) Except as provided in division (C)(1)(b)	130
of this section, nothing in this section shall negate or restrict	131
a rule, policy, or practice of a private employer that is not a	132
private college, university, or other institution of higher	133
education concerning or prohibiting the presence of firearms on	134
the private employer's premises or property, including motor	135
vehicles owned by the private employer. Nothing in this section	136
shall require a private employer of that nature to adopt a rule,	137
policy, or practice concerning or prohibiting the presence of	138
firearms on the private employer's premises or property, including	139
motor vehicles owned by the private employer.	140

(b) A private employer shall not prohibit an employee of that	141
private employer who has been issued a valid license to carry a	142
concealed handgun from storing the employee's handgun in the	143
employee's personal locked motor vehicle that is parked on any	144
premises owned or leased by the employer.	145

(2)(a) A private employer shall be immune from liability in a	146
civil action for any injury, death, or loss to person or property	147
that allegedly was caused by or related to a licensee bringing a	148
handgun onto the premises or property of the private employer,	149
including motor vehicles owned by the private employer, unless the	150
private employer acted with malicious purpose. A private employer	151
is immune from liability in a civil action for any injury, death,	152
or loss to person or property that allegedly was caused by or	153
related to the private employer's decision to permit a licensee to	154
bring, or prohibit a licensee from bringing, a handgun onto the	155
premises or property of the private employer. As used in this	156
division, "private employer" includes a private college,	157
university, or other institution of higher education.	158

(b) A political subdivision shall be immune from liability in	159
a civil action, to the extent and in the manner provided in	160
Chapter 2744. of the Revised Code, for any injury, death, or loss	161
to person or property that allegedly was caused by or related to a	162
licensee bringing a handgun onto any premises or property owned,	163
leased, or otherwise under the control of the political	164
subdivision. As used in this division, "political subdivision" has	165
the same meaning as in section 2744.01 of the Revised Code.	166

(3)(a) Except as provided in divisiondivisions (C)(1)(b) and	167
(C)(3)(b) of this section, the owner or person in control of	168
private land or premises, and a private person or entity leasing	169
land or premises owned by the state, the United States, or a	170
political subdivision of the state or the United States, may post	171
a sign in a conspicuous location on that land or on those premises	172
prohibiting persons from carrying firearms or concealed firearms	173
on or onto that land or those premises. Except as otherwise	174
provided in this division, a person who knowingly violates a	175
posted prohibition of that nature is guilty of criminal trespass	176
in violation of division (A)(4) of section 2911.21 of the Revised	177
Code and is guilty of a misdemeanor of the fourth degree. If a	178
person knowingly violates a posted prohibition of that nature and	179
the posted land or premises primarily was a parking lot or other	180
parking facility, the person is not guilty of criminal trespass in	181
violation of division (A)(4) of section 2911.21 of the Revised	182
Code and instead is subject only to a civil cause of action for	183
trespass based on the violation.	184

(b) A landlord may not prohibit or restrict a tenant who is a	185
licensee and who on or after the effective date of this amendment	186
September 9, 2008, enters into a rental agreement with the	187
landlord for the use of residential premises, and the tenant's	188
guest while the tenant is present, from lawfully carrying or	189
possessing a handgun on those residential premises.	190

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

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(i) "Residential premises" has the same meaning as in section	192
5321.01 of the Revised Code, except "residential premises" does	193
not include a dwelling unit that is owned or operated by a college	194
or university.	195

(ii) "Landlord," "tenant," and "rental agreement" have the	196
same meanings as in section 5321.01 of the Revised Code.	197

(D) A person who holds a license to carry a concealed handgun	198
that was issued pursuant to the law of another state that is	199
recognized by the attorney general pursuant to a reciprocity	200
agreement entered into pursuant to section 109.69 of the Revised	201
Code has the same right to carry a concealed handgun in this state	202
as a person who was issued a license to carry a concealed handgun	203
under section 2923.125 of the Revised Code and is subject to the	204
same restrictions that apply to a person who carries a license	205
issued under that section.	206

(E) A peace officer has the same right to carry a concealed	207
handgun in this state as a person who was issued a license to	208
carry a concealed handgun under section 2923.125 of the Revised	209
Code. For purposes of reciprocity with other states, a peace	210
officer shall be considered to be a licensee in this state.	211

(F)(1) A qualified retired peace officer who possesses a	212
retired peace officer identification card issued pursuant to	213
division (F)(2) of this section and a valid firearms	214
requalification certification issued pursuant to division (F)(3)	215
of this section has the same right to carry a concealed handgun in	216
this state as a person who was issued a license to carry a	217
concealed handgun under section 2923.125 of the Revised Code and	218
is subject to the same restrictions that apply to a person who	219
carries a license issued under that section. For purposes of	220
reciprocity with other states, a qualified retired peace officer	221
who possesses a retired peace officer identification card issued	222
pursuant to division (F)(2) of this section and a valid firearms	223
requalification certification issued pursuant to division (F)(3)	224
of this section shall be considered to be a licensee in this	225
state.	226

(2)(a) Each public agency of this state or of a political	227
subdivision of this state that is served by one or more peace	228
officers shall issue a retired peace officer identification card	229
to any person who retired from service as a peace officer with	230
that agency, if the issuance is in accordance with the agency's	231
policies and procedures and if the person, with respect to the	232
person's service with that agency, satisfies all of the following:	233

(i) The person retired in good standing from service as a	234
peace officer with the public agency, and the retirement was not	235
for reasons of mental instability.	236

(ii) Before retiring from service as a peace officer with	237
that agency, the person was authorized to engage in or supervise	238
the prevention, detection, investigation, or prosecution of, or	239
the incarceration of any person for, any violation of law and the	240
person had statutory powers of arrest.	241

(iii) At the time of the person's retirement as a peace	242
officer with that agency, the person was trained and qualified to	243
carry firearms in the performance of the peace officer's duties.	244

(iv) Before retiring from service as a peace officer with	245
that agency, the person was regularly employed as a peace officer	246
for an aggregate of fifteen years or more, or, in the alternative,	247
the person retired from service as a peace officer with that	248
agency, after completing any applicable probationary period of	249
that service, due to a service-connected disability, as determined	250
by the agency.	251

(b) A retired peace officer identification card issued to a	252
person under division (F)(2)(a) of this section shall identify the	253
person by name, contain a photograph of the person, identify the	254
public agency of this state or of the political subdivision of	255
this state from which the person retired as a peace officer and	256
that is issuing the identification card, and specify that the	257
person retired in good standing from service as a peace officer	258
with the issuing public agency and satisfies the criteria set	259
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	260
addition to the required content specified in this division, a	261
retired peace officer identification card issued to a person under	262
division (F)(2)(a) of this section may include the firearms	263
requalification certification described in division (F)(3) of this	264
section, and if the identification card includes that	265
certification, the identification card shall serve as the firearms	266
requalification certification for the retired peace officer. If	267
the issuing public agency issues credentials to active law	268
enforcement officers who serve the agency, the agency may comply	269
with division (F)(2)(a) of this section by issuing the same	270
credentials to persons who retired from service as a peace officer	271
with the agency and who satisfy the criteria set forth in	272
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	273
credentials so issued to retired peace officers are stamped with	274
the word "RETIRED."	275

(c) A public agency of this state or of a political	276
subdivision of this state may charge persons who retired from	277
service as a peace officer with the agency a reasonable fee for	278
issuing to the person a retired peace officer identification card	279
pursuant to division (F)(2)(a) of this section.	280

(3) If a person retired from service as a peace officer with	281
a public agency of this state or of a political subdivision of	282
this state and the person satisfies the criteria set forth in	283
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	284
may provide the retired peace officer with the opportunity to	285
attend a firearms requalification program that is approved for	286
purposes of firearms requalification required under section	287
109.801 of the Revised Code. The retired peace officer may be	288
required to pay the cost of the course.	289

If a retired peace officer who satisfies the criteria set	290
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	291
firearms requalification program that is approved for purposes of	292
firearms requalification required under section 109.801 of the	293
Revised Code, the retired peace officer's successful completion of	294
the firearms requalification program requalifies the retired peace	295
officer for purposes of division (F) of this section for five	296
years from the date on which the program was successfully	297
completed, and the requalification is valid during that five-year	298
period. If a retired peace officer who satisfies the criteria set	299
forth in divisions (F)(2)(a)(i) to (iv) of this section	300
satisfactorily completes such a firearms requalification program,	301
the retired peace officer shall be issued a firearms	302
requalification certification that identifies the retired peace	303
officer by name, identifies the entity that taught the program,	304
specifies that the retired peace officer successfully completed	305
the program, specifies the date on which the course was	306
successfully completed, and specifies that the requalification is	307
valid for five years from that date of successful completion. The	308
firearms requalification certification for a retired peace officer	309
may be included in the retired peace officer identification card	310
issued to the retired peace officer under division (F)(2) of this	311
section.	312

A retired peace officer who attends a firearms	313
requalification program that is approved for purposes of firearms	314
requalification required under section 109.801 of the Revised Code	315
may be required to pay the cost of the program.	316

(G) As used in this section:

317

(1) "Qualified retired peace officer" means a person who	318
satisfies all of the following:	319

(a) The person satisfies the criteria set forth in divisions	320
(F)(2)(a)(i) to (v) of this section.	321

(b) The person is not under the influence of alcohol or	322
another intoxicating or hallucinatory drug or substance.	323

(c) The person is not prohibited by federal law from	324
receiving firearms.	325

(2) "Retired peace officer identification card" means an	326
identification card that is issued pursuant to division (F)(2) of	327
this section to a person who is a retired peace officer.	328

(3) "Government facility of this state or a political	329
subdivision of this state" means any of the following:	330

(a) A building or part of a building that is owned or leased	331
by the government of this state or a political subdivision of this	332
state and where employees of the government of this state or the	333
political subdivision regularly are present for the purpose of	334
performing their official duties as employees of the state or	335
political subdivision;	336

(b) The office of a deputy registrar serving pursuant to	337
Chapter 4503. of the Revised Code that is used to perform deputy	338
registrar functions.	339

Section 2.  That existing section 2923.126 of the Revised	340
Code is hereby repealed.	341