2009 Concealed Carry Laws Booklet

8/6/2019 2009 Concealed Carry Laws Booklet

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OhiOs

COnCealed Carrylaw


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Laws Change

For the most current and up-to-date inormation on carrying a

concealed handgun, visit the Attorney Generals web site at

www.OhioAttorneyGeneral.gov


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ContentsIntroduction ...............................................................................1

Training and Educational Requirements .................................2

Training and Competency CerticationTemporary Emergency LicenseMinimum Educational Requirements

The Application Process ............................................................6

Sheris Criteria or Issuing the LicenseResidencyCriminal Record

Mental CompetencyProtection OrdersLicense Denials and AppealsLicense Renewals and Competency Recertication

Duties that Accompany Holding

a Concealed Handgun License .................................................12

Identication Required

Forbidden Carry ZonesTransporting in Motor VehiclesTrac Stops and Other Law Enorcement EncountersPrivate Property and the WorkplaceSignageConcealed Carry by Law EnorcementReciprocity

Deadly Force .............................................................................19

Criminal IssuesCivil LiabilitySel-DeenseCastle DoctrineDeense o OthersConclusion: Sel-Deense IssuesDeense o PropertyConclusion

Dispute Resolution .................................................................. 25

Basic Forms o Dispute Resolution


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Advantages o Alternative Dispute Resolution The Ohio Commission on Dispute Resolution and Conict

ManagementConclusion

Index ......................................................................................... 28


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Introduction

As required by Ohio law, this publication broadly discusses severaldierent areas o rearms law. This is neither a ormal nor inormalopinion o the Attorney General; rather, it is a summary o prevailingrearms and sel-deense laws and may be updated without notice.It is not intended to be a substitute or the advice o a lawyer or orcommon sense. This publication is inormational in nature and cannotcover all possible scenarios regarding carrying o concealed handguns.For the most recent edition covering the most current law, consult theAttorney Generals Web site at: www.OhioAttorneyGeneral.gov.

There are many areas o Ohio law that impact your decision to bea concealed carry licensee and you should consult an attorney orspecic inormation. The Ohio Attorney General cannot provide legaladvice to anyone other than state agencies, ocers, and employees.In this publication, sections o the Ohio Revised Code thelaws passed by the General Assembly are reerenced with theabbreviation R.C. ollowed by the relevant code number. The RevisedCode is available online and may also be ound at law libraries and

some public libraries. Citizens are encouraged to read the law orthemselves using this book as a guide.


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Training and Educational Requirements

Training and Competency Certication

Beore you obtain a license to carry a concealed handgun, you willneed proo o your competency certication. Competency can beestablished by providing one o the ollowing:

A certicate o completion o a rearms saety course that wasoered by or under the auspices o the National Rie Association(NRA) containing certain minimum educational requirements(See the section o this publication titled, Minimum EducationalRequirements or additional inormation about the specic areas

that must be covered in training.); or

A certicate o completion o a class that was open to the publicthat used instructors approved by the National Rie Associationor Ohio Peace Ocer Training Commission (OPOTC), or approvedinstructors o another state and was oered under the authority oa law enorcement agency o Ohio or another state, a college, ora rearms training school that contains the minimum educational

requirements; or

A certicate o completion o a state, county, municipal, or OhioDepartment o Natural Resources (ODNR) peace ocer trainingschool that is approved by the executive director o OPOTC whichcomplies with the laws training requirements and contains theminimum educational requirements; or

A document that shows the applicant is an active or reserve member

o the armed orces, or was honorably discharged within the past sixyears, or is a retired highway patrol trooper, or is a retired peace oceror ederal law enorcement ocer and who, through the position,acquired experience with handguns or other rearms that wasequivalent to the minimum educational requirements; or

A certicate o completion o a class not otherwise described inthis publication that was conducted by an instructor who was

certied by an ocial or entity o Ohio, another state, the UnitedStates government, or the NRA that complies with the minimumeducational requirements; or


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An adavit rom a qualied instructor that attests to the applicantscompletion o a course that satised the minimum educationalrequirements.

Statutory Reerence(s): The types o competency certications aredescribed in R.C. 2923.125(B)(3)(a) - ().

Temporary Emergency License

The law allows or the issuance o an emergency license underextraordinary circumstances. The law states that upon receipt oevidence o imminent danger; a sworn adavit; an application ee onot more than $30; and a set o applicant ngerprints, a license will be

issued.

The sheri must immediately conduct a criminal records check on theapplicant. The sheri must determine i the applicant is not prohibitedrom having a license, and then immediately issue the license.

1. Evidence o imminent danger must take two orms:

a. A sworn statement by the applicant that states the personhas reasonable cause to ear a criminal attack upon himsel ora member o his amily such as would justiy a prudent personin going armed; or

b. A written document rom a government entity or public ocialdescribing acts that give the person reasonable cause to ear sucha criminal attack. Such documents may include, but are not limitedto, temporary protection orders, civil protection orders, a protection

order o another state, a court order and any report led with ormade by a law enorcement agency or prosecutor.

2. The sworn adavit must attest that the applicant is a legal residento the United States, at least 21 years o age, not a ugitive rom justice,is not under indictment or charged with a crime, and has not beenconvicted o disqualiying crimes listed in R.C. 2923.125(D)(1) and discussedunder the Application Process section.

I the applicant has been convicted or pleaded guilty to a disqualiyingoense and the court has ordered the sealing o the records o that


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oense, that oense(s) shall not be relevant or purposes o the swornadavit.

The temporary emergency license lasts or 90 days and may berenewed only once every our years. I you wish to have your licenselast longer, you must apply or the license through the normal processwithin the 90 days.

Statutory Reerences: R.C. 2923.1213 allows sheris to issue emergencylicenses when there is evidence o imminent danger to the applicant.R.C. 2923.1213 (B) (3) does not allow sheris to consider court orderedsealed records or purposes o the sworn afdavit.

Minimum Educational Requirements

The Attorney General does not endorse any particular orm otraining or instructor. However, a list o Ohio Peace Ocer TrainingCommission-certied instructors who wish to teach classes to thegeneral public is available rom the Attorney Generals Web site atwww.OhioAttorneyGeneral.gov. County sheris may also have a listo certied instructors who have provided contact inormation to thesheri.

The law sets out minimum educational requirements that are acomponent o the various orms o competency certication as setorth on page 2. The total time required or training is 12 hours: 10hours o instruction and another two hours o experience shooting ahandgun.

The law requires at least 10 hours o certied training in the ollowing

matters:

The ability to name, explain, and demonstrate the rules for safe

handling o a handgun and proper storage practices or handgunsand ammunition;

The ability to demonstrate and explain how to handle ammunition

in a sae manner; The ability to demonstrate the knowledge, skills and attitude

necessary to shoot a handgun in a sae manner; Gun-handling training.


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Additionally, you must have two hours o practical training includingrange time and live-re experience. The applicant must also completean examination that tests his or her competency. The test must includea written section on the ability to name and explain the rules or thesae handling o a handgun and proper storage practices or handgunsand ammunition. Additionally, the exam must include a physicaldemonstration o competency on handgun usage and rules or saehandling and storage o a handgun, and an examination requiring thephysical demonstration o the attitude necessary to shoot a handgunin a sae manner.

As part o the training, applicants must also receive and certiy that

they have reviewed a copy o this publication.

As an advisory to consumers, the Attorney General recommendsanyone contemplating private handgun training take the ollowingminimum steps beore paying or any orm o training:

Verify the person teaching the class is qualied to teach.

Conrm the instructor knows the requirements of the law.

Be certain the instructor will provide you with this publication.

Verify whether a refund or additional training may be available if

a county sheri determines the course was incomplete when youapply.

Statutory Reerence(s): R.C. 2923.125(G)(1) requires that all applicants begiven a copy o this publication by their trainer.R.C. 2923.125(G)(1)(a) sets out the minimum educational requirementsnecessary to receive competency certication.

R.C. 2923.125(G)(1)(b) describes the minimum amount o range and live-re experience required to receive competency certication.R.C. 2923.125(G)(2) requires that applicants take and pass a writtenexamination.


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The Application Process

To begin the application process, you must apply to the sheri in thecounty where you reside or an adjoining county. Beore you applywith your local sheri, call ahead to determine the times applicationsare accepted and conrm what documentation may be necessary.

The sheri must accept applications and supporting documents ortemporary emergency licenses during normal business hours. Thesheri must provide application orms and accept license applicationsand supporting documents or regular licenses at least 15 hours eachweek. The sheri shall post a notice o the hours during which the sheri

is available to accept applications or to provide inormation about thelicensing process.

The sheri must provide you with an application orm and make thispublication available at no charge. You must pay a ee which will varydepending on the background check the sheri must conduct. Theminimum ee, however, or a background check and license is $55. Youmust provide evidence o your competency certication as described

above, and certiy that you have read this publication. Applicants mustalso submit their ngerprints necessary to conduct the backgroundcheck.

The applicant must state whether he or she has a concealed handgunlicense that is currently suspended and whether or not he or she haspreviously applied or a concealed handgun license. I the applicanthas previously applied or a license, the applicant must provide thename o the county in which the application was made.

Licenses issued on or ater March 14, 2007, expire 5 years ater theissue date. Licenses issued beore March 14, 2007, expire 4 years aterthe issue date. All regular licenses renewed on or ater March 14, 2007,expire 5 years ater the renewed license was issued.

Statutory Reerence(s): Under R.C. 2923.125(A), the sheri must provideyou with an application and make this publication available at no charge.

R.C. 2923.125(B)(4) requires that applicants certiy that they have read thispublication.R.C. 2923.125(B)(1) states applicants must pay an application ee thatwill vary based on the type o background check required and sets the


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minimum ee at $55.R.C. 2923.125(B)(2) requires applicants to provide a color photographtaken within 30 days o the application date. However, some sherisofces may take these photographs themselves.R.C. 2923.125(B)(3) requires that applicants submit proo o competency atthe time o the application.R.C. 2923.125(B(5) requires applicants submitto ngerprinting necessary to conduct a background check.


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Sheris Criteria or Issuing the License

Residency

You must be a legal resident o the United States and an Ohio residentor 45 days beore you apply or your license. You must be a residento the county (or adjoining county) where you apply or at least 30days. You must also be at least 21 years o age and not a ugitive romjustice.

Residency or members o the armed orces.

You are considered an Ohio resident or purposes o obtainingand renewing a license to carry a concealed handgun i you are

absent rom the country, Ohio or an Ohio county while complyingwith military or naval orders as an active or reserve member o thearmed orces o the United States and, i prior to leaving this state incompliance with those orders, you were legally living in the UnitedStates and were a resident o this state, you, solely by reason o thatabsence, shall not be considered to have lost your status as living inthe United States or your residence in this state or in the county inwhich you were a resident prior to leaving this state in compliance

with those orders, without regard to whether or not you intend toreturn to this state or to that county, shall not be considered to haveacquired a residence in any other state, and shall not be consideredto have become a resident o any other state.

I you are present in this state in compliance with military or navalorders as an active or reserve member o the armed orces o theUnited States or at least orty-ve days, you are considered to havebeen a resident o this state or that period o at least orty-ve

days, and, i you are present in a county o this state in compliancewith military or naval orders as an active or reserve member o thearmed orces o the United States or at least thirty days, you shall beconsidered to have been a resident o that county or that period oat least thirty days.

Statutory Reerence: 2923.125(D)(1)(i)-(ii) allows persons deployed in themilitary to obtain Ohio concealed carry licenses under certain conditions.

Criminal Record

Prior to obtaining your license, you must provide the sheri withcomplete inormation about your background. There are many


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criminal oenses that bar you rom obtaining your license. There aremany laws and conditions that prohibit you rom owning a handgun. Iyou have questions about specics you should consult an attorney.

The law states that you must not be under indictment, charged orconvicted o a elony, a elony that involves the tracking in drugs orsimilarly charged with a misdemeanor oense o violence or negligentassault. You may not obtain your license i you have been charged withalsication o a concealed handgun license.

In addition, you must not have been convicted, pleaded guilty, or beenadjudicated as delinquent in connection with a crime that involves the

illegal use, sale, possession, administration, distribution, or trackingo a drug o abuse. You cannot have been convicted, pleaded guiltyor been adjudicated delinquent or assaulting a peace ocer. Youmust not, within three years o your application, have been convicted,pleaded guilty or been adjudicated delinquent in connection with amisdemeanor oense o violence against a peace ocer.

You must not have been convicted, pleaded guilty or been adjudicateddelinquent in connection with two or more assaults or negligentassaults within ve years o your application. You must not have beenconvicted, pleaded guilty or adjudicated as delinquent in connectionwith resisting arrest within 10 years o your application. I you arecharged with an oense during the application process, the sheri cansuspend your application until your case is resolved.

The sheri shall not consider the conviction, guilty plea, oradjudication o an applicants sealed records even i those sealed

oenses would otherwise disqualiy an applicant. I you havequestions about sealed criminal records, consult an attorney.

Mental Competency

The law states that you must not have been adjudicated as a mentaldeective, been committed to any mental institution, be under acurrent adjudication o incompetence, have been ound by a court tobe mentally ill subject to hospitalization by court order, and not be an

involuntary patient other than one who is a patient only or purposeso observation.


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Protection Orders

You must not be subject to a civil protection order or a temporaryprotection order o an Ohio court or a similar protection order issuedby another state. For additional inormation on civil and temporaryprotection orders, consult an attorney.

As long as you meet the laws requirements, the sheri must issue aconcealed handgun license within 45 days o receiving your properlycompleted application. The license lasts or ve years.

Statutory Reerence(s): The criminal oenses that bar a citizen romreceiving a concealed carry license are listed in R.C. 2923.125 (D) (1) (a)

(h).R.C. 2923.125 (D) (3) allows a sheri to suspend the processing o anapplication i a pending criminal case is outstanding against an applicant.R.C. 2923.125 (D) (5) prohibits sheris rom considering the conviction, guilty

plea, or adjudication o an applicants sealed records.R.C. 2923.125 (D) (1) (i) (j) lists the mental competency and protectionorder issues that can cause the denial o an application.R.C. 2923.13 lists the disabilities that prohibit you rom having a rearm.

License Denials and Appeals

I the sheri denies your license, he must inorm you o the groundsor denial in writing. I the denial was the result o a criminal recordscheck and you wish to appeal the decision, you may appeal the denialthrough an in-house procedure with the sheri or through the OhioBureau o Criminal Identication and Investigation to resolve theproblem. The sheris denial o a temporary emergency license mustalso be in writing and can be appealed.

Statutory Reerence(s): I your application is denied, the sheri mustinorm you o the grounds or denial in writing under R.C. 2923.125(D)(2)(b).R.C. 2923.127 requires sheris to set up an appeals process or applicantswho wish to contest the denial.

License Renewals and Competency Recertication

Concealed carry licenses issued beore March 14, 2007 expire ouryears ater issuance. Licenses issued or renewed ater thate date expireve years ater the date o issuance or renewal.


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Ater October 17, 2009, i you wish to renew your license, you may doso 90 days beore the license expires. You should renew as early aspossible. You must le a renewal application with the sheris oce,certiy that you have read this booklet and pay a nonreundable ee.A printed copy is not needed; you may read the online version atwww.OhioAttorneyGeneral.gov/CCWManual.In order to renew your license or the rst time, you must submit prooo competency certication. Proo o certication make take either othe ollowing orms:1. A previously issued Ohio concealed carry license. The license maybe either expired or currently valid.

2. A competency certicate rom your instructor. There is no longer atime limit rom the day you completed your class to the time o yourrst renewal. Any certicate will

I you have previously renewed your license and are renewing ora second time, you need to present proo o renewed competencycertication. The renewed competency certication must attestthat you are range competent. To obtain a renewed competencycertication, you do not need to attend the entire course, class orprogram that you initially took to obtain your license. The renewedcompetency certication must be dated and signed by an instructor.It must attest that you are range competent.

Statutory Reerence: 2923.125(F) and (G) describe the procedure andnecessary materials to renew a concealed carry license.


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Duties that Accompany Holding a ConcealedHandgun License

Do not Take Your Handgun With You When You Apply For Your

License At Your Local Sheris Oce.

The ability to have a rearm carries with it certain restrictions andresponsibilities, many o which are regulated by state and ederal laws.

The explanation o laws regulating carrying a handgun ound withinthis publication is not an exhaustive list. I you have questions, consultan attorney.

Identication RequiredYou must carry another piece o valid government identication inaddition to the handgun license.

Forbidden Carry Zones

The law sets orth several places where your license does not allowyou to carry a handgun. Under the law, you may not carry a concealedhandgun into the ollowing places:

Police stations

Sheris oces

Highway Patrol posts.

Premises controlled by the Ohio Bureau of Criminal Identication

and Investigation. Correctional institutions or other detention facilities Airport terminals or commercial airplanes.

Institutions for the care of mentally ill persons.

Courthouses or buildings in which a courtroom is located. Universities, unless locked in a motor vehicle or in the process of

being locked in a motor vehicle. Places of worship, unless the place o worship permits otherwise. Child day-care centers. Licensed D-Liquor Permit premises in which any person is

consuming liquor.Concealed rearms are banned in premises or which a D permit

has been issued or in an open air arena or which a permit othat nature has been issued. There are some exceptions to thisprohibition. The prohibition does not apply to principal holdero D permit as long as principal holder is not consuming liquor.


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The prohibition does not apply to an agent or employee o theprincipal holder who is also a peace ocer who is also o duty.Possession o a concealed rearm is allowed in a retail store witha D-6 or D-8 permit as long as concealed carry license holder isnot consuming liquor. Class D permits are generally issued to anestablishment that sells alcohol or consumption on the premises.In any event, be certain o the type o permit and whether liquoris being consumed beore you enter with a concealed handgun.

Government facilities that are not used primarily as a shelter,

restroom, parking acility or motor vehicles, or rest acility and isnot a courthouse or a building or structure in which a courtroom islocated.

School safety zones.A school saety zone includes a school, school building, schoolpremises, school activity, and school bus. For purposes o this statute,a school includes everything up to the property boundary.The law generally orbids the carrying o a handgun in a schoolsaety zone unless all o the ollowing apply:

You do not enter a school building, premises or activity; and

You have a concealed carry license or temporary emergency

license; and You are not otherwise in one of the forbidden places listed

above and detailed in R.C. 2923.126 (B); or You are a driver or passenger in a motor vehicle immediately

in the process o picking up or dropping o a child, andyou are not otherwise in violation o the laws governingtransportation o rearms in motor vehicles.

Transporting in Motor Vehicles

The transportation o loaded, concealed handguns in motor vehiclesis permitted, but strict obligations are imposed by the law to protectyou and law enorcement. These obligations apply to drivers andoccupants. These obligations do not apply i you are storing a rearmor any lawul purpose and it is not on your person or you are lawullystoring or possessing a rearm in your home.

You may not have a loaded handgun in the vehicle i you are under the

inuence o drugs or alcohol. I you have a concealed carry permit, youmay not transport a loaded, concealed handgun in a vehicle unless it iscarried in one o the ollowing ways:


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The loaded handgun is in a holster secured on the person. Ohio law

previously required carrying rearms in a holster in plain sight. The plain sight provision has been removed rom the law. The loaded handgun is in a closed case, bag, box, or other

container that is in plain sight and that has a lid, a cover, or a closingmechanism with a zipper, snap, or buckle, which lid, cover orclosing mechanism must be opened or a person to gain access tothe handgun, or

The loaded handgun is securely encased by being stored in a closed,

glove compartment or console, or in a case that is locked.

Motorcycles all under the denition o motor vehicles. Thus, the same

requirements apply to licensees who carry a handgun while on amotorcycle.

Trac Stops and Other Law Enorcement Encounters

I a person is stopped or a law enorcement purpose and i the personis carrying a concealed handgun as a CCW licensee, whether in a motorvehicle or not, the person shall inorm the law enorcement ocer thatthe person is carrying a concealed handgun, keep his or her hands inplain sight at all times and not touch the concealed handgun, unless inaccordance with directions given by any law enorcement ocer.

Violating this section o law is a rst degree misdemeanor, and inaddition to any other penalty handed down by a court, shall result inthe suspension o the persons concealed handgun license or one year.

NOTE: So ar, the Ohio Supreme Court has not dened the termplain sight precisely in the context o carrying a concealed

handgun. However, in other contexts, courts have generally held thatthe term plain sight is a common sense term that means clearlyvisible or unobstructed. Plain sight applies to your hands and otherobjects.

I a person is stopped or a law enorcement purpose and i the personis carrying a concealed handgun as a CCW licensee, whether in amotor vehicle or not, the person shall not have or attempt to have any

contact with the handgun, unless in accordance with directions givenby a law enorcement ocer. Violating this law is a elony.


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I a person is stopped or a law enorcement purpose and i the personis carrying a concealed handgun as a CCW licensee, whether in a motorvehicle or not, the person shall not knowingly disregard or ail tocomply with any lawul order given by any law enorcement ocer.

Violating this law is a rst degree misdemeanor and may result in thesuspension o the persons concealed handgun license or two years.However, i at the time o the stop the law enorcement ocer or anemployee o a motor carrier enorcement unit who made the stophad actual knowledge that the licensee has had a CCW license, thenthe persons CCW license shall not be suspended or a violation o2923.16 (E) (3). The CCW licensees violation will be considered a minor

misdemeanor.

I the CCW licensee surrenders the rearm, then the ollowing applies:

If the rearm is not returned at the completion of the stop, the

law enorcement ocer is required to return the rearm in thecondition it was in when it was seized.

If a court orders the rearms return and the rearm has not been

returned to the licensee, the CCW licensee can claim reasonablecosts and attorney ees or the loss and the cost o claiming therearm.

WARNING:

I you are planning on carrying a concealed handgun while driving:

Have your concealed carry license and another piece o validgovernment identication in your possession.

Make sure the handgun is:

In a holster secured on your person, or

In a closed case, bag, box, or other container that is in plain sightand has a closing mechanism such as a zipper, snap or buckle, or

Securely encased by being stored in a closed, glove

compartment or vehicle console, or

Locked in a case.I you are pulled over and you are carrying a concealed handgunremember the ollowing:


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Before the ocer approaches, roll down your window and place

your hands in plain view on the steering wheel. Calmly tell the ocer that you have a license to carry a concealed

handgun and that you have a handgun with you. Ask i the ocerhas particular instructions concerning the handgun. Do not touch or attempt to touch your handgun unless specically

told to by the ocer. Do not exit your vehicle unless specically told to by the ocer. Comply with all lawful orders given by the ocer.

I you are a licensee and are not carrying a concealed handgun, this

section does not apply to you.

In addition to the concealed carry prohibitions detailed above, Ohiohas strict laws concerning rearms in a vehicle. I you DO NOT have aconcealed handgun license, you may not transport a loaded handgunin any manner where it is accessible to anyone inside the vehiclewithout leaving the vehicle. I you DO NOT have a license, you may nottransport a rearm in a vehicle unless it is unloaded and carried in oneo the ollowing ways:

In a closed package, box or case;

In a compartment that can be reached only by leaving the vehicle;

In plain sight and secured in a rack or holder made for that purpose;

or If it is a rearm at least twenty four inches in overall length and if

the barrel is at least eighteen inches in length in plain sight with theaction open or the handgun stripped, or i the rearm is o a type in

which the action will not stay open or cannot easily be stripped, inplain sight.

Statutory Reerence (s) R.C. 2923.16 (E) governs how licensees maytransport loaded concealed handguns in motor vehicles.R.C. 2923.16 (B) (C) governs how rearms must be otherwise transportedin a vehicle


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Private Property and the Workplace

Under the law, private employers may, but are not required to, prohibitthe presence o rearms on their property or motor vehicles ownedby the employer. You should make yoursel aware o your employerspolicies beore you go to work with a handgun. In addition, the owneror person in control o private land or premises or person leasing landor premises rom the government may post a sign in a conspicuouslocation that prohibits persons rom carrying rearms or concealedhandguns.

Ohio law provides that a person who knowingly violates a posted

prohibition o a parking lot or other parking acility is not guilty ocriminal trespass but is liable or a civil cause o action or trespass.Furthermore, a landlord may not prohibit or restrict a tenant witha concealed carry license rom lawully carrying or possessing ahandgun on residential premises.

SignageThe law does not say precisely what language must be on the sign.

At a minimum, signs must be conspicuous and inorm people thatrearms and/or concealed handguns are prohibited. However, the lawsuggests that the prohibited locations post a sign that substantiallysays the ollowing:

Unless otherwise authorized by law, pursuant to the Ohio Revised Code,no person shall knowingly possess, have under the persons control,convey, or attempt to convey a deadly handgun or dangerous ordnanceonto these premises.

An example o a standard warning sign approved or use on statebuildings appears below. I you see this sign, it means that you cannotbring your concealed handgun inside. Businesses and persons wishingto post such signs are strongly advised to consult their legal counselor language, style, ormat and placement.

The sign is available to download rom the Attorney Generals Web site

at www.OhioAttorneyGeneral.gov at no charge.


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Example o a Standard Warning Sign

Statutory Reerence(s): R.C. 2923.126(C) allows private employers toprohibit the presence o rearms on their property or in motor vehiclesowned by the employer.R.C. 2923.126(C)(3) allows the owner or person in control o private landto post a sign in a conspicuous place that prohibits persons rom carryingconcealed rearms on that property.

Concealed Carry by Law Enorcement

Federal law (HR 218) permits active and retired law enorcementocers, under specic circumstances, to carry a concealed rearm.This publication does not address issues related to HR 218. I you arean active or retired law enorcement ocer and have questions about

HR 218, consult an attorney.

Reciprocity

Ohio has agreements with other states to recognize one anothersconcealed handgun licenses. Consult the Attorney Generals web siteor the most recent list o agreements. Be aware the laws o the otherstate apply to you when you are in that state.

Open CarryOhios concealed carry laws do not regulate open carry o rearms.I you openly carry, use caution. The open carry o rearms is a legalactivity in Ohio.


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Deadly Force

Introduction

Ohio law specically sets orth that a handgun is a deadly weaponcapable o causing death. The license to carry a concealed handguncomes with the responsibility o being amiliar with the law regardinguse o deadly orce. This publication is designed to provide generalinormation only. It is not to be used as authority on legal issues, or asadvice to address specic situations.

In Ohio, deadly orce can be used only to prevent serious bodily harmor death. Deadly orce can never be used to protect property only.

Depending on the specic acts and circumstances o the situation,use o deadly orce may lead to criminal charges and/or civil liability.

Criminal Issues

I law enorcement and prosecutors determine that a persons useo deadly orce is not justied, criminal charges may be pursued. Ina situation where the victim is injured by the conduct o a personusing a handgun, the licensee can be charged with assault crimes

including, but not limited to, elonious assault, aggravated assault, orattempted murder. Where the victim is killed as a result o a personsuse o a rearm, he or she can be charged with homicide crimes, suchas reckless homicide, voluntary manslaughter, murder or aggravatedmurder. (This list does not include all crimes that may apply.)I the accused person is convicted, he or she will be sentenced to aterm o incarceration by a judge, according to the law.

Statutory Reerence(s): Title 29 o the Ohio Revised Code denes the crimes

that could be charged when the use o deadly orce is not justied.

Civil Liability

Even i the situation does not lead to criminal charges or result in acriminal conviction, the licensee may still ace civil liability. The victimor his survivors could sue the licensee or the harm rom the licenseesuse o deadly orce. A wrongul death lawsuit or tort action is acommon legal action or money damages. A civil action does not

involve a criminal penalty such as incarceration but both a criminaland civil case can be brought based on the same incident.


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In any civil case, the victim or his survivors must prove it is moreprobable than not that the licensees use o orce was inappropriate orexcessive and it caused the victims injuries or death. I this is proven,the victim or his survivors may be entitled to recover money rom thelicensee as punishment and/or compensation.

The law requires the orce used be reasonable and necessary toprevent the danger. So even i the victim was wrong and caused thesituation, i the orce was inappropriate or excessive or the particularsituation, the deendant risks criminal and/or civil punishment.

Although sel-deense is an armative deense a licensee may

assert against civil liability, the licensee might still be requiredto compensate the victim i the orce used was excessive andunnecessary.Sel-Deense

Depending on the specic acts o the situation, an accused personmay claim that use o deadly orce was justied to excuse his or heractions, which would otherwise be a crime. Sel-deense or the deenseo another is an armative deense that an accused may assert againsta criminal charge or an assault or homicide oense.

The term armative deense means the accused, not the prosecutor,must prove by a preponderance o the evidence that he acted in sel-deense or in deense o another. In other words, the deendant mustprove that it is more probable than not that his use o deadly orce wasnecessary due to the circumstances o the situation.

Whether this armative deense applies to the situation or whetherit will likely succeed against criminal charges depends heavily on thespecic acts and circumstances o each situation. The Ohio SupremeCourt has explained that a deendant must prove three conditions toestablish that he acted in deense o himsel or another.

Condition 1: Deendant Is Not At Fault

First, the deendant must prove that he was not at ault or creating

the situation. The deendant cannot be the rst aggressor or initiator.However, in proving the victims ault, a deendant cannot pointto other unrelated situations where the victim was the aggressor.Remember, the ocus is on the specic acts o the situation at hand.


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I you escalate a conrontation by throwing the rst punch, attacking,or drawing your handgun, you are the aggressor. Most likely in thissituation, you cannot legitimately claim sel-deense nor would youlikely succeed in proving your armative deense.

Condition 2: Reasonable and Honest Belie o Danger

Second, the deendant must prove that, at the time, he had a realbelie that he was in immediate danger o death or great bodily harmand that his use o deadly orce was the only way to escape thatdanger. Bear in mind that deadly orce may only be used to protectagainst serious bodily harm or death. The key word is serious.

In deciding whether the bodily harm was serious, the judge or jurycan consider how the victim attacked the deendant, any weaponthe victim had, and how he used it against the deendant. Minorbruises or bumps rom a scufe probably do not meet the legaldenition o serious. In court cases, rape has been determined tobe serious bodily harm, as has being attacked with scissors. Seriousbodily harm may also result rom being struck with an object thatcan cause damage, such as a baseball bat or a wooden club.

Important is the deendants belie that he is in immediate seriousdanger. The deendants belie must be reasonable, it cannot bepurely speculative. In deciding i the belie was reasonable andhonest, the judge or jury will envision themselves standing inthe deendants shoes and consider his physical characteristics,emotional state, mental status, knowledge, the victims actions,words and all other acts regarding the encounter. The victim musthave acted in a threatening manner. Words alone, regardless o how

abusive or provoking, or threats o uture harm (Im going to kill youtomorrow) do not justiy the use o deadly orce.

Condition 3: Duty to Retreat

A deendant must show that he did not have a duty to retreat oravoid the danger. A person must retreat or avoid danger by leavingor voicing his intention to leave and ending his participation in theconrontation. I the person retreats and the other continues to ght,

the person who let the conrontation may be later justied in usingdeadly orce when he can prove all three conditions o sel-deenseexisted. You should always try to retreat rom a conrontation beoreusing deadly orce i retreating does not endanger yoursel or others.


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I the person can escape danger by means such as leaving or using lessthan deadly orce, he must use those means. I you have no meansto escape the other persons attack and you reasonably, honestlybelieve that you are about to be killed or receive serious bodily harm,you may be able to use deadly orce i that is the only way or you toescape that danger.

Castle Doctrine

Under certain changes enacted in 2008, a person does not have aduty to retreat rom the residence that they lawully occupy beoreusing orce in sel-deense or deense o another. Additionally, thereis no duty to retreat i the person is lawully in that persons vehicle

or lawully is an occupant in a vehicle owned by an immediate amilymember o that person. However, being a lawul occupant o aresidence or vehicle is not a license to use deadly orce against anattacker. The person who is attacked, without ault o his own, mayuse deadly orce only i he reasonably and honestly believed thatdeadly orce was necessary to prevent serious bodily harm or death.I the person does not have this belie, he should not use deadly orce.Again, i it does not put your lie or the lie o others in danger, youshould withdraw rom the conrontation i it is sae or you to do so.

The law presumes you to have acted in sel-deense or deense oanother when using deadly orce i the victim had unlawully andwithout privilege entered or was in the process o entering theresidence or vehicle you occupy. The presumption does not applyi the deendant was unlawully in that residence or vehicle. Thepresumption does not apply i the victim had a right to be in, or was alawul resident, o the residence or vehicle.

The presumption o sel-deense is a rebuttable presumption. Theterm rebuttable presumption means the prosecutor, and not thedeendant, carries the burden o producing evidence contrary tothe acts that the law presumes. However, a rebuttable presumptiondoes not relieve the deendant o the burden o proo. I theprosecutor provides sucient evidence to prove that the deendantcreated the conrontation or that the use o deadly orce was not

reasonably necessary to prevent death or great bodily harm then thepresumption o sel-deense no longer exists.


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Statutory Reerence(s): R.C. 2901.05 sets orth the rebuttable presumptionR.C. 2901.09(B) establishes that there is no duty to retreat beore usingorce i a person is a lawul occupant o that persons vehicle or a lawuloccupant in a vehicle owned by an immediate amily member.

Deense o Others

A person may deend another only i the protected person would havehad the right to use deadly orce in sel-deense themselves. UnderOhio law, a person may deend amily members, riends or strangers.However, just as i he were protecting himsel, a person cannot useany more orce than is reasonable and necessary to prevent the harmthreatened.

A deendant, who claims he used deadly orce to protect another, hasto prove that he reasonably and honestly believed that the person heprotected was in immediate danger o serious bodily harm or deathand that deadly orce was the only way to protect the person rom thatdanger. Furthermore, the deendant must also show that the protectedperson was not at ault or creating the situation and did not have aduty to leave or avoid the situation.

WARNING: The law specically discourages citizens rom takingmatters into their own hands and acting as law enorcement. Thisis true even i the person thinks he is perorming a good deed byprotecting someone or helping law enorcement. The Ohio SupremeCourt has ruled that a person risks criminal charges i he intereresin a struggle and protects the person who was at ault, even i hemistakenly believed that person did not create the situation.

In other words, i you misinterpret a situation and interere, youmay ace criminal charges because your use o deadly orce is notjustied. I you do not know all the acts and interere, you will not bejustied to use orce. It does not matter that you mistakenly believedanother was in danger and not at ault.

O greater concern than risking criminal charges is the act thatyou may be putting yoursel and others in danger. I you use your

handgun to interere in a situation, and an ocer arrives on thescene, the ocer will not be able to tell i you are the criminal or iyou are the Good Samaritan.


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Ohio law does not encourage vigilantism. A license to carry aconcealed handgun does not deputize you as a law enorcementagent. Ocers are trained to protect members o the community,handle all types o situations, and enorce the law. Do not allowthe license to carry a concealed handgun give you a alse sense osecurity or empowerment. Let law enorcement ocers do their job.I you want to be a Good Samaritan, call the police.

Conclusion: Sel-Deense Issues

I the deendant ails to prove any one o the three conditions orsel deense or deense o another, he ails to justiy his use o deadlyorce. I the presumptions o deadly orce in the home or vehicle are

removed and the deendant is unable to prove that he did not createthe situation or that the use o deadly orce was reasonably necessary,he ails to justiy his use o deadly orce. Under either condition, iconvicted, an individual will be sentenced accordingly.

Deense o Property

There must be immediate threat o serious bodily harm or death inorder to use deadly orce. Protecting property alone does not allowor the use o deadly orce. A property owner may use reasonable,but never deadly orce, when he honestly believes that the orce willprotect his property rom harm.

I a persons property is being attacked or threatened, he may notuse deadly orce unless he reasonably believes it was the only way toprotect himsel or another rom being killed or receiving serious bodilyharm. Deadly orce can never be used solely to protect property nomatter where the threat to the property occurs.

Conclusion

A license to carry a concealed handgun does not bring with it theautomatic right to use deadly orce. The appropriateness o using anyorce depends on the specic acts o each and every situation.


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Dispute Resolution

Introduction

Because o the serious consequences inherent with the use o deadlyorce, it should always be a last option or resolving a problem. Iyou have a problem, you should consider other ways o resolvingthe problem rst. Ohioans have many dierent options or settlingdisputes outside the traditional judicial arena in a quick, equitable, andmost importantly, legal manner, that do not require orce.

Broadly termed alternative dispute resolution (ADR), these methodsrecognize that or many people, the judicial process is time consuming

and cumbersome, possibly expensive, and oten conusing. Insteado giving citizens the choice o taking a matter to court or into theirown hands or satisaction, alternative dispute resolution oers a thirdway that has been overwhelmingly shown to be successul in endingdisputes o all types. These choices include mediation, arbitration,conciliation and negotiation.

Basic Forms o Dispute ResolutionAlternative dispute resolution spans a spectrum o methods, eachmore ormalized and binding than the last.

The most obvious orm o alternative dispute resolution is avoidance.This like it or lump it response to a dispute is oten the hardest toaccept as it means surrendering ones own choice in avor o someoneelses. Depending on the issue, avoidance may not be possible.

I one cannot avoid a conict, discussion is oten the next best wayto solve a dispute. Direct talks oten result in an acceptable solutionthat ends in conciliation and deused tension. Sometimes, however,the best way to solve a conict using discussion is to have negotiationthrough agents. In simple conicts, these agents can be riends,relatives, a counselor or religious advisor. Other times, agents caninclude ormal, recognized ocials such as labor or managementrepresentatives, or attorneys.

Formal alternative dispute resolution oten involves a neutral thirdparty whose advice and decision may have binding eect on theparticipants. The least binding orm o third-party intervention is


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involvement o an ombudsman.

An ombudsman is most requently ound within a company orlarge organization and may be empowered to acilitate consumercomplaints or employee disputes. While compensated by theorganization, the ombudsman is normally answerable only to themost upper-level management or to the board o directors and isengaged to be as neutral and air as possible. An ombudsman isgenerally empowered to talk to anyone, uncover acts, and make arecommendation to senior management within an organization. Somelarge American companies who employ ombudsmen or employeedisputes include FedEx, IBM and McDonalds Corporation.

Another, more involved, orm o negotiated settlement is mediation.This method o ADR is appropriate when the various sides wish topreserve a relationship or terminate it with the least amount o illwill. Mediation involves negotiation, where a neutral mediator guidesthe process. Mediation does not orce compromise, and parties areexpected to reach an agreement only i they are convinced such anagreement is reasonable.When negotiations ail, the parties can opt to try arbitration, wherea neutral arbitrator is given authority by the parties to impose asettlement ater each side presents its case. The arbitrator rendersa decision which can be binding or non-binding upon the parties.Non-binding decisions may provide a guide or the parties to reacha settlement or to give insight into the possible outcome o moretraditional litigation. Many contracts require signers to choosearbitration as a prerequisite to a lawsuit.

Should arbitration not be an option, or i the non-binding result doesnot lead to a settlement, the parties can still engage in alternatives to thetraditional courtroom trial. These alternatives almost always require legalcounsel and are more complex than the extra-judicial remedies listed here.

Advantages o Alternative Dispute Resolution

Besides the aster timeline and usually lower cost, alternative disputeresolution has a number o strengths that may make it a better choice

in some disagreements. ADR allows or a much broader range oequitable solutions, provides or more direct participation by theparties in the settlement o their disputes, increases the likelihood ouncovering the underlying problems that led to the disagreement,


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and has a greater chance o creating agreements that both sides willadhere to. By reaching a settlement through consensus rather than byjudicial decision, participants in ADR have told researchers that theyeel more empowered, their emotional concerns as well as their legalor nancial positions had been acknowledged and, their belie in thelegal system had improved.

The Ohio Commission on Dispute Resolution and Confict

Management

The state o Ohio, recognizing ADR has an important role in conictresolution, created the Ohio Commission on Dispute Resolutionand Conict Management to promote and strengthen the states

ADR policy. Established in 1989, the Commission provides Ohioanswith orums, processes, and techniques or resolving disputes. TheCommission provides dispute resolution and conict managementtraining, consultation and technical assistance in designing disputeresolution programs, and acilitation and mediation services.The inormation contained in this section should not be construed aslegal advice. It is not an endorsement o alternative dispute resolutionover traditional orms o legal remedies, and readers are cautioned thatany questions about their rights should be discussed with an attorneyprior to engaging in legal action o any type.

For more inormation on Alternative Dispute Resolution, contact:

Ohio Commission on Dispute Resolutionand Conict ManagementRie Center77 S. High Street, 24th Floor

Columbus, OH 43215-6108Phone: (614) 752-9595Fax: (614) 752-9682http://www.disputeresolution.ohio.gov/

ConclusionThis pamphlet is intended to provide you with inormation regarding

Ohios concealed carry law. The Oce o the Attorney General willcontinue to work closely with the legislature and law enorcement witha common goal o helping to ensure a sae, ecient licensing processor Ohioans.


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aadavit 3armative deense 20

airport 11alcohol 12, 13application ee 7application process 3, 6arbitration 26, 27armed orces 2

bbackground check 6

belie o danger 21

ccastle doctrine 22competency 2conciliation 26correctional institutions 11courthouses 11criminal record 8

dday-care 11deadly orce 19deadly weapon 19deense o others 23deense o property 25Department O Natural Resources 2dispute resolution 26, 27, 28D permit 11, 12duty to retreat 22, 23

eeducational requirements 2, 4expire 7, 10

elony 8, 14

ngerprints 6orbidden carry zones 11

hHighway Patrol 11hospitalization 9

HR 218 18

iimminent danger 3

llandlord 16law enorcement 2, 3, 13, 14, 18, 19,24, 29

license denials 10liquor 11, 12

mmediation 26, 27, 28mental competency 9minimum educational requirements2misdemeanor 8, 13, 14

motorcycles 13motor vehicles 12, 13, 16, 17

nNational Rie Association 2negotiation 26, 27

ooenses 8, 9

Ohio Commission On Dispute Resolu-tion And Conict Management 28Ohio Peace Ocer Training Commis-sion 2open carry 18

pplace o worship 11plain sight 13, 14, 15, 16

police stations 11private employers 16, 17protection orders 3, 9

Index


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rrange time 5recertication 10reciprocity 18renewal 10residence 22, 23residency 8retired (military) 2

sschool saety zones 12sealed record 2, 9

sel-deense 20, 24sheris criteria or issuing license 8sheris oces, hours 7, 11standard warning sign 17Statutory Reerence(s)R.C. Title 29 crimes when use odeadly orce is not justied 23R.C. 2901.05 rebuttable presumptionto armative deense o sel-deense

23R.C. 2901.09(B) castle doctine 22R.C. 2923.125(B)(3)(a) - () competen-cy certications 3R.C. 2923.1213 emergency licenses 4R.C. 2923.1213(B)(3) sealed records(temporary emergency license) 4R.C. 2923.125(G)(1) trainers to provide

publication 5R.C. 2923.125(G)(1)(a) educationalrequirements or competency certi-cation 5R.C. 2923.125(G)(1)(b) range andlive-re experience or competencycertication 5R.C. 2923.125(G)(2) passage o writtenexamination required 5R.C. 2923.125(A), sheri to provideapplication and CCW publication atno charge 7R.C. 2923.125(B)(4) certication oreading publication 7

R.C. 2923.125(B)(1) application eebased on type o background checkrequired 7R.C. 2923.125(B)(2) applicants to pro-vide a color photograph 7R.C. 2923.125(B)(3) applicants to sub-mit proo o competency 7R.C. 2923.125(B)(5) ngerprinting 7R.C. 2923.125 (D) (1) (a) (h) disquali-ying convictions 9R.C. 2923.125 (D) (3) suspension oprocessing o an application i pend-

ing criminal case is outstanding 9R.C. 2923.125 (D) (5) prohibits sherisrom considering applicants sealedrecords 9R.C. 2923.125 (D) (1) (i) (j) mentalcompetency and protection orderissues 9R.C. 2923.13 disabilities that prohibitpossession o rearm 9R.C. 2923.125(D)(2)(b) written noti-cation and reasoning or denial 10R.C. 2923.127 apeals process 10R.C. 2923.16 (E) transport o loadedconcealed handguns in motor ve-hicles 16R.C. 2923.16 (B) (C) transportation orearms in a vehicle 16

R.C. 2923.126(C) private employers17R.C. 2923.126(C)(3) sign that prohib-its persons rom carrying concealedrearms on that property 17suspension 8, 9

ttemporary emergency license 3

training 2

uuniversities 11


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www.OhioAttorneyGeneral.gov

This manual is provided to you in partnership with your local Sheri.

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2009 Concealed Carry Laws Booklet

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